gone beyond the contract because it
is observed by the tribunal itself that the contract between
the parties does not contain escalation clause. In spite ... escalation costs,
the tribunal has awarded Claims No. 5 and 6 towards
escalation bills. Learned Senior Counsel vehemently argued
that when the contract does
terminate
the contract of defendant No. 2 and award a fresh contract to
the plaintiff either by awarding escalation cost of Rs. 2.12
crore ... original contract for award of
supply contract and erection contract between the plaintiff
and defendant No. 1.
18. Per contra, the stand of the defendant
more than the cost of balance work as per existing contract
rate including price escalation up-to-date, old contracts may be
revived ... than the cost
of balance work as per the old contract rate including price
escalation upto 1998 as directed by the aforesaid letter
Commissioner,
the Municipal Commissioner had agreed to revise the price
escalation formula in the contract based on the
recommendation of the NICMAR and the dispute ... Price Escalation formula based on the recommendation of
NICMAR, considering that the Price Escalation formula set out
in the original contract was unworkable
awarded is in violation of the contract and law.
5. The Ld. Arbitrator Made out a new contract for the plaintiff to award this
claim ... awarded is in violation of the contract and law.
4. The Ld. Arbitrator Made out a new contract for the plaintiff to award this
claim
respondent during the
course of execution of Contract. Rs.14.21 crores was also realized as
escalation in price (being ... basis of some formula not provided in the
Contract.
32. Having so concluded that the price escalation had been projected on a
formula
Contract as the
stipulated period of completion of work under the Contract, was less than 18
months. Therefore, the Award under Claim No. 3 escalation ... contract, but in the event one of the parties to the contract is unable to
fulfil its obligations under the contract which has direct bearing
against escalation
amount to Rs. 28,92,193/-?
(C) Whether claimant is entitled to incidental
claims for damages and loss for breach of
contract conditions ... Escalation Rs.28,92,193 Rs.28,92,193
C Compensation for Rs,10,00,000 Nil
damages and loss
of breach of
contract
contract ('a breach
going to the root of the contract') depriving the
innocent party of the benefit of the contract
('damages ... also held that the
contract was expired on 22nd December, 1999 and as per the conditions
of the contract, a contract has to be made
contract, but in the event one of the parties to the contract is
unable to fulfil its obligations under the contract which has direct bearing ... conduct permitted the belated performance of their reciprocal
obligations - Price escalation in performing any contract is a normal
incident in this age of inflation
