Legal Question in Business Law in India

Withholding of our payment by East Coast Railway, Bhubaneswar

As per the concerned agreement, one of the clauses vividly says that there will not be any relationship with the another contract in course of deducting/ or forfeiting or withholding any payment in relation to the subject contract. Despite these the subject railway department has retained our huge amount against the satisfactorily executed work from our side as well as accepted and approved by the railway with the issuance of completion certificate. The retention/ withholding of our huge amount against the executed work are what extend legitimate in relation to the above noted clause in. Give us suggestion please.

Whether the agreement or all the laws pertaining to the agreement are the subjects and subordinates of the governmental authority awarding contract works to the contractors and the contractors have no rights express or implied to get their full and final payment by way of fulfilling their duties in course of performing the assigned contract works as per the terms of agreement. We the aggrieved herewith are offering a clause given in another contract, which is in no way applicable to the subject contract as per the independent terms & conditions of the subject contract.

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Asked on 10/15/08, 12:13 pm

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Withholding of our payment by East Coast Railway, Bhubaneswar

You should try your luck before the arbitrator or the court of law.

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Answered on 10/15/08, 11:15 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Withholding of our payment by East Coast Railway, Bhubaneswar

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Answered on 10/17/08, 11:44 am


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