AIR 2015 HYDERABAD 26
M/s. Rani-Satya Sai v. State of Andhra Pradesh.
W.P. No. 25766 of 2014, D/- 10-12-2014.
đź“ŚContract Act (9 of 1872), Ss. 73, 74, 126 Withholding of performance guarantee and execution of no claim undertaking Claim for- Bilateral mutual contract between Irrigation authority and contractor that if any party failed to perform ob- ligation, other party can take action Subsequently unilateral condition incorporated by Authority directing, obtaining undertaking from contractor that it will not putforth any extra expenditure in respect of work No such clause available in original agreement There was no termination of contract for any default on part of contractor, rather contract was closed by authority itself- Claim for execution of no claim undertaking and withholding of performance guarantee by authority for non execution of undertaking contract not tenable