contrary to the terms of price escalation clause (clause
10(cc) of the contract) and being patently illegal, required to be set aside ... other claims by the arbitrator violated the
express provisions of clause 10(cc) of the agreement, and that the counter-
claims of respondents have been
manner of nomination of directors under clause (d) of section 10; (cc) the entrusting or delegation of duties to the managing director by the Board
after the stipulated date of completion. The arbitrator held that clause 10(CC) of the agreement in question was based on various parameters ... provision of the preceding clause 10(C) shall not be applicable for contracts where provisions of this clause 10(CC) are applicable. However, in contracts
confronted with the manner of computation of compensation as per Clause 10(cc) in the agreement on page 76 (Ex. D1), the PW1 agreed with ... LEAF No. 10:
The component of materials, labour and P.O.L. as indicated in para-3 of the Sub-clause 10(CC) have been
10.05 + 55.15% ` 178760.00
Thus a sum of Rs.178760.00 is claimed.
11. The plaintiff next claims compensation payable under clause 10 CC ... Clause 10 of the Agreement and
Clause 1 of the specifications and conditions. It also says, besides, that clause 10-CC was agreed
relevant aspect, however, is that the respondent has stated that clause 10(CC) of the contract provides for increase in cost of material and that ... little different earlier under Clause 10(C) where no proper provision was made and that is why clause 10(CC) was incorporated to take care
much
as the petitioner had been compensated under Clause 10 CC
of the agreement; that in terms of Clause 1 of the additional
specifications ... Narayan Das R. Israni Vs. DDA 126 (2006) DLT 10 held
that clause 10 CC applies only in respect of increase in
CS(OS)1887A
favour of the respondent as escalation under
Clause 10 CC of the Agreement. The counsel for the petitioner submits
that Clause 10 CC was specifically ... Terms and Conditions. He further submits that in any case
Clause 10 CC would not be applicable to the contract in question as the
contractual
Salwan further contended that the Arbitrator had wrongly
invoked Clause 10(cc) to award increase in labour costs, wages,
transportation, materials, fuels and consumables ... less than six months and accordingly, only Clause 10(c)
and not Clause 10(cc) was applicable. Ms. Salwan laid emphasis on the
fact that
being executed till completion of the work including payment under Clause 10 CC.
CLAIM No.2 - The claimants claim declaratory award of 40% over ... demand for extra claim over and above claim under clause 10(CC). The said award is being assailed alleging that the arbitrator was in error
