petitioner's request for cost escalation has been rejected
on the ground that the contract contained a clause, namely, Clause
13.4 that the rates ... supra held that
even if the terms of the contract contemplated an amount payable for
escalation such a stipulation was applicable only during the scheduled
petitioner claims is due to them towards price
escalation. The petitioner was awarded the contract for the
construction of the control room for Traction ... respondent.
The respondent did not allow the price escalation for the extensions
though in the other contracts the respondent had granted four
extensions with
towards escalation in the price of materials.
Therefore as per the terms of the contract the 1st respondent
had been paid ... compensation for his workers and for escalation
in price. That apart the petitioners have also contended that
the contract itself had come
cost between the agreement rate
and the escalated rate during the
extended period of contract
Rs.22,63,751/-
Claim No.2 Request to refund ... conditions of contract
Rs.4,15,271/-
Claim No.3 Request payment for the prevention
of profit earning due to foreclosure
of contract
case of the
plaintiff that he had been awarded the contract for constructing a new
emergency operation theater for the ante natal ward ... judis/
A.S.No.107 of 2015
price escalation would apply only to the contract which exceeded a
period of eighteen months. In the instant
contract terms and to the satisfaction of the
respondents. During the period from July 2020 to December 2021, there
was a substantial escalation in prices ... materials and other
inputs. As per the Contract – Price Adjustment Clause, the petitioner had
claimed price escalation for the relevant period and submitted a detailed
amount, price escalation amount, security
deposit amount. withheld amount, and bonus amount along with
applicable GST as per the terms of the contract executed ... amount, price escalation amount,
security deposit amount. withheld amount, and bonus
amount along with applicable GST as per the terms of the
contract executed
kept in view.
Courts should be even more reluctant in interfering with
contracts involving technical issues as there is a requirement
of the necessary expertise ... wrongful
exclusion rather than to injunct the execution of the contract.
The injunction or interference in the tender leads to additional
costs on the State
kept in view.
Courts should be even more reluctant in interfering with
contracts involving technical issues as there is a requirement
of the necessary expertise ... wrongful
exclusion rather than to injunct the execution of the contract.
The injunction or interference in the tender leads to additional
costs on the State
kept in view. Courts should be even more
reluctant in interfering with contracts involving technical
issues as there is a requirement of the necessary expertise ... wrongful exclusion rather than to injunct the execution of
the contract. The injunction or interference in the tender
leads to additional costs on the State
