LAWS(DLH)-2014-9-78

CHIEF ADMINISTRATIVE OFFICER, CENTRAL ORGANISATION FOR MODERNIZATION OF WORKSHOP Vs. HMT MACHINE TOOLS

Decided On September 05, 2014
The Chief Administrative Officer, Central Organisation for Modernization of Workshop (COFMOW) Appellant
V/S
HMT Machine Tools Respondents

JUDGEMENT

(1.) THE petitioner herein is a Government of India Undertaking. The respondent No.1, the contesting respondent is also a Government of India undertaking - M/s HMT Machine Tools Ltd.

(2.) CERTAIN supplies were made by respondent No.1 to the petitioner but an amount of Rs.7.30 Crores approximately was deducted from the payment as liquidated damages.

(3.) BOARD of Industrial and Financial Reconstruction ('BIFR' for short) by order dated 12.06.08 accepted the Draft Rehabilitation Scheme SS -8. Clause 9.13 of the sanctioned scheme postulated that the petitioner herein would refund Rs.7.30 Crores approximately which had been deducted as liquidated damages.