additional dispute in one of the cases (the Tirupati contract) regarding price escalation,
which was subsequently settled during the pendency of the arbitral proceedings.
Signature ... clauses of the contracts in question2:
"Turnkey Contract Agreement
xxxx xxxx xxxx
1.5 No modification or amendment to this Contract including
additional dispute in one of the cases (the Tirupati contract) regarding price escalation,
which was subsequently settled during the pendency of the arbitral proceedings.
Signature ... clauses of the contracts in question2:
"Turnkey Contract Agreement
xxxx xxxx xxxx
1.5 No modification or amendment to this Contract including
contracts, whereas in the Vizag
case, the enhancement was in the value of the original contract.
II. Claims due to prolongation of the Contract (Claim ... escalation could have been decided on the
basis of an index. Further, the quantum of escalation was available in a
subsequent contract between the same
contracts, whereas in the Vizag
case, the enhancement was in the value of the original contract.
II. Claims due to prolongation of the Contract (Claim ... escalation could have been decided on the
basis of an index. Further, the quantum of escalation was available in a
subsequent contract between the same
contracts, whereas in the Vizag
case, the enhancement was in the value of the original contract.
II. Claims due to prolongation of the Contract (Claim ... escalation could have been decided on the
basis of an index. Further, the quantum of escalation was available in a
subsequent contract between the same
case is that it was unable to display
advertisements, as contracted, in view of objections of the National
Highways Authority of India ["NHAI ... which approved the allotment of the contract to the petitioner "for the
remaining period only" on escalation of monthly licence
account of
prolongation of a contract dated 22.02.2006 ["the contract"], by which
the respondent was awarded the contract for widening and strengthening ... claims, it is submitted that
clause 70.3 of the contract incorporates all materials in the
escalation formula, whereas the tribunal has awarded prolongation
costs dehors
fact that
Clause 10CC of the General Conditions of Contract was deleted in the
present contract. He draws my attention to a communication ... extension of
time for completion of the contract, the respondent specifically undertook
not to claim escalation under Clause 10CC for this period. Mr. Mishra
submits
adjudicated disputes
arising between the parties under three contracts dated 30.01.2009.
2. The contracts were executed pursuant to tenders floated by the
respondent for supply ... implementation of the contracts
and also sought refund of liquidated damages deducted by the respondent,
loss of business opportunity, and price escalation. In the impugned
claims made by the petitioner in the
proceedings arising out of a contract for providing engineering and
project management consultancy services in respect ... submits with
regard to claim No. 2, which was a claim for escalation charges, that the
learned Arbitrator dismissed the claim holding that the petitioner
