The High Court of Delhi has held that a contractor cannot deny payments to the ‘Sub-contractor’ merely on the ground that the contract is on back-to-back basis and it has not received the payments from the main employer.
of Justice Manoj Kumar Ohri held that ordinarily in back-to-back contracts, the payments due to a ‘Sub-contractor’ is subject to the payment by employer to the Contractor.
chanism is to be followed only during the currency of the contract and once the parties are in a dispute
ntractor cannot defer payments in perpetuity on the ground of the pendency of payments, when it has not otherwise disputed the correctness of the bills.
This MOU contained a provision that subjected the Sub-contractor to the terms and conditions of the contract between the Principal Employer and the Contractor, for the sub-contrac
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