management and
coordination
2. C-3 On account of increased costs for 877,497
acceleration of Project EPC
3. C-4 Increased cost of additional ... Engineer gave a decision on Claim No. C-3 "increased cost
for acceleration of Project Engineering Management and Co-ordination"
stating that
cover MII's cost for accelerated procurement and other costs.
This offer was the subject matter of correspondence between the parties. As
no dispute
dispute
regarding the payment of the price escalation and acceleration charges/costs - there
was nothing arbitrable - and therefore section 9 would not apply seems ... present case with reference to the price escalation and additional
costs for acceleration; as rightly pointed out on behalf of the appellant, there
single tariff
considering the benefit of the accelerated depreciation is
being availed and not when the accelerated depreciation
being not availed?
C. Whether the State ... Tariff
based on projects availing accelerated depreciation, cannot
change thereafter to the tariff of not availing accelerated
depreciation. Accordingly as per the decision
dispute regarding the payment of the price
escalation and acceleration charge/costs
there was nothing arbitrable and therefore
section 9 would not apply seems ... present case with reference to the price
escalation and additional costs for
acceleration; as rightly pointed out on behalf
of the appellant, there
Prolongation &
Acceleration Costs
incurred for completion of
Works
Interest @ 12% per Rs. 5,23,13,294
OMP No. 27 of 2010 Page ... prolongation and
acceleration costs
incurred for
completions of works.
Total 33,53,38,926 12,90,55,115"
Claim
costs for 3,314,106/-
disruption and delay of Project
Engineering, management and
coordination
2. C-3 On account of increased costs for acceleration ... Engineer gave a decision on Claim No. C-3
"increased cost for acceleration of Project Engineering Management and
FAO (OS) 371/2012
Circuit
House
5. Compensation for prolongation and 134,28,42,471
acceleration costs and interest charges
towards withheld amount of price
adjustment
6. The amount ... claimed unliquidated damages in the form of compensation towards
prolongation and acceleration costs amounting to Rs. 134,00,88,411/-
under Claim
determination:
i. Assessment of benefit shall be based on normative capital cost,
accelerated depreciation rate as per relevant provisions under Income
Tax Act and corporate ... their earlier commitment, availed
accelerated depreciation, the Appellant would be entitled only to the tariff fixed for
accelerated depreciation as it had availed such
Page 10 of 55
APPEAL NO.252 OF 2013
was considering the accelerated depreciation benefit
since the same is available to the RE projects.
Similar ... unit thereafter at the cost of consumers. The tariff
without considering the accelerated rate deprecation
is available only to those projects where the project
developers
