terms of
clause 6 of the tender condition price variation clause (PVC) is not
applicable for tenders having value less than 5 crores and therefore ... Clause 46 A of the contract prescribes that price
variation clause (PVC) shall be applicable only in those contracts
where tender conditions specifically permits
that PVC was not
applicable for the Signal & Telecommunication works but due
to inadvertence and oversight in the contract document, PVC
clause ... clause 17
A (iii) and held that the said clause does not empower the
respondent to put condition such as 'no payment of PVC
binding upon the respondent. The Arbitrator also considered clause
17A (iii) of GCC and clause 33 referred by the petitioner and did not
find merit ... completed within 9
months and there was no PVC clause. PVC clause is available in the
contract, where the stipulated period of completion is more
measurement book including measurements
towards Price Variation Clause (PVC), which were accepted by
the respondent without any protest. Final PVC bill dated
06.02.2009 was also ... clause 17 (A) (ii) of GCC 1999. As per the
clause, the respondent had to apply for the extensions, which it
applied with PVC vide
with PVC. So the penalties deduction in our bills may
be not justified.-- Rs. 2.20 Lacs
Claim No.3 Towards PVC Clause
As per agreement ... there is a provision of PVC
clause. But it was not paid to us, the amount may also be awarded
petitioner without penalty and
without PVC. The PVC was applicable upto original DOC i.e.
14.06.1995 and thereafter the PVC was frozen ... granted under clause 17(3) of the General
Conditions of Contract. There is a letter dated 25.10.2002 for
Price Variation Clause (PVC)Admissibility during extended
clause 45 is admittedly the
part of the written contract and no exception clause was added
or cited as to the part clause of PVC ... clause 45, the petitioner had committed the breach of contract.
He referred clause 8 Vol. 1 of the Tender Document, which
clearly provided that clause
terms of the Price Variation Clause contained in the
contract. The Price Variation Clause (for short 'PVC') ensures
that in the case ... stations and trains, the JPO
recommended that owing to the existing PVC clause in the
ongoing contracts which links labour component with
cutting edge plates = clause payable as per price escalation clause, if any,
20.00 lacs provided separately in the tender documents.
Clause 21.5: No claim ... arbitration clause.
Since the payment of PVC has been made as per
PVC clause exist in the contract agreement, as such
these claims
linked with the indices of R.B.I. Under the said PVC clause, the appellants had raised some bills ... been paid in excess due to wrong application of PVC clause. As such, the Railways deducted the said amount of Rs.32,42,129.50 from
