attendant clause, i.e., clause 53.4; which was also
relied upon by the arbitral tribunal. The same read as follows:
"Clause 53.1: Notwithstanding ... clause 53.1 and 53.4, persuades me to
accept the submission of Mr. Airi, learned counsel for the
respondent, that the provisions of clause 53.1, which
Clause 53.1 contains a non-obstante clause and thus would override
Clause 53.4. Even if the consequences of non-compliance of Clause
53.1 are mentioned ... precedent for
making a claim.
v. Clause 53.4 lays down the consequences of non-compliance of Clause
53.1, which clearly indicates that the contract contemplated
Clause 53.1 contains a non-obstante clause and thus would override
Clause 53.4. Even if the consequences of non-compliance of Clause
53.1 are mentioned ... precedent for
making a claim.
v. Clause 53.4 lays down the consequences of non-compliance of Clause
53.1, which clearly indicates that the contract contemplated
argued by Mr. Mitra Clause 53.4 provides that if the contractor
failed to comply with the provisions of Clause 53.1 of submission of notice
during ... obstante clause, paramount in nature
beginning with the words "notwithstanding any provision of the contract..........."
Clause 53.1 made it obligatory for the contractor
Upon the happening of the event referred to in Sub-
Clause 53.1, the Contractor shall keep such
contemporary records as may reasonably be
necessary ... argued by Mr. Mitra Clause 53.4 provides that if the contractor
failed to comply with the provisions of Clause 53.1 of submission of notice
during
protest. NHAI contended
that since no notice has been issued under Clause 53.1 of the General
Conditions of Contract (GCC) objecting to the said deductions ... clause 53.1 and 53.4,
persuades me to accept the submission of Mr.
Airi, learned counsel for the respondent, that
the provisions of clause 53.1, which
defect liability sought to be recovered as a
public demand under Clause 53.1(ii) of the Standard Bidding
Document ('SBD' for short ... contains an agreement in Clause 53.1(ii) of the SBD for
PMGSY that money payable which remains unrecovered shall
be recoverable as a public demand
contrary to Clause 53 of the Conditions of Contract, which
lays down the procedure for making claims. Under Clause 53.1, notice of claim
for additional ... award (pgs.286).
2.5 The failure in Clause 53.4 can only be related to Clause 53.2 and Clause
53.3. Notices given are only in respect
attendant
clause, i.e., clause 53.4; which was also relied upon by the arbitral tribunal.
The same read as follows:
"Clause 53.1: Notwithstanding ... clause 53.1 and 53.4, persuades me to accept
the submission of Mr Airi, learned counsel for the respondent, that the
provisions of clause 53.1, which
Upon the happening of the event
referred to in Sub-Clause 53.1, the Contractor shall
keep such contemporary records as may reasonably
be necessary ... liability, the Engineer shall,
on receipt of a notice under Sub-Clause 53.1, inspect
such contemporary records and may instruct the
Contractor to keep
