specific terms of the contract. He submits that the arbitral tribunal
appointed under the principal contract while adjudicating the claims of
the petitioner against ... Volume-
VI) i.e. pertaining to "revision of rate, variation" of the contract work. He
submits that the learned arbitrator however, has awarded
terms of the contract and not a breach of the contract. One of the items of the contract viz., the work of compaction was deleted ... novation, rescission and alteration of contract states that if the parties to a contract agree to substitute a new contract for it or to rescind
contract, the Chennai Port Trust decided to delete the work of compaction of backfill from the contract and it issued variation order. The claimant made ... Variation order under Clause 51 is dated 24.11.1998. The claimant also accepted the variation order. Therefore, on issuance of variation order, the earlier contract
Quantities.
Valuation of 52.1 All variations referred to in
Variations Clause 51and any additions
to the Contract Price which
are required to be determined ... quantities of that item and such variation results in variation of more than
2% of the contract price, revised rates would be applicable. However
specific terms of the contract. He submits that the arbitral tribunal
appointed under the principal contract while adjudicating the claims of
the petitioner against ... Volume-
VI) i.e. pertaining to "revision of rate, variation" of the contract work. He
submits that the learned arbitrator however, has awarded
labour component
of the said work and for that purpose separate contract
were entered into between NPCC and accused Ashok
Shetty and accused Mool Chand ... which are reproduced as under:-
AGREEMENT Ex. PW-7/A
Clause 34. Variations:- The engineer / CPM shall
make any variation of the form, quality
Sasan Power Limited vs North American Coal Corporation India ... on 24 August, 2016
Reportable
IN
contract period in terms of clause 5 of the contract
which envisaged giving 45 clear days notice for variation of the quantity
under the contract ... extra work in terms of the subject contract
within the contract period or extended contract period was imperative. The
respondents are not right in contending
Referring to the contract, the High
Court held that the written contract governs the terms between the parties
and any variation thereof ought ... parties are governed by the terms of the written
contract and any variation with the terms of the agreement was required to
be done strictly
2015 Page 5 of 19
4. Contract Data
5. Conditions of Contract including Special Conditions of
Contract
6. Specifications
7. Drawings
8. Bill of quantities ... provisions of the contract. At the stage of signing the
contract, the drawings and Bill of Quantities provided in
the contract did not envisage construction
