debt and extension of credit limits to Rayalaseema amounting to
novation/variation of contract of guarantee. The other two grounds
do not relate to merits ... REASONS AND CASUAL APPROACH IN REJECTING THE
OBJECTION OF NOVATION/VARIATION OF CONTRACT
34) The third ground argued before me is about alleged
casual
Quantities.
52.1 Valuation of Variations (GCC)
All variations referred to in Clause 51 and any additions
to be Contract Price which are required ... that all
variations referred to in Clause 51 (which means instructed
variations) shall be valued at the rates and prices in the contract
revision petition
needs to be dismissed.
11. In support of variation of contract, Sri
Krishnamurthy placed on record the decision rendered ... compromise dated 27.11.1980 even
then in view of substantial variation in contract the
guarantors stand discharged from their liability.
19. Now, the decree dated
escalation as per the provisions of the
contract; That he had quoted rates considering contract
provisions including provisions for escalation.
2(ii) Respondent ... held that the contract had
stipulated completion period of 18 months from the date of
commencement. As per the contract, variations in price
claim includes a claim of Rs.1,86,570/- towards
variation in the contract value; a claim of Rs.3,46,665/- towards cyclone related ... below:
“4) COMMERCIAL:
Quantity Variation: Your request for price increase
for quantity variation beyond ± 25% to ± 50% of the
accepted contract value is accepted
approximate. The
approved schedule of rates of the contract will be applicable for variations
upto plus or minus 25% of the contract value ... revision of schedule of
rates will be permitted for such variations in the contract value, including
variations of individual quantities, addition of new items, alterations
approximate. The
approved schedule of rates of the contract will be applicable for variations
upto plus or minus 25% of the contract value ... revision of schedule of
rates will be permitted for such variations in the contract value, including
variations of individual quantities, addition of new items, alterations
statutory variation) of
the GCC favours to the contractors for the following reasons:-
(a) Statutory variation clause applies to the contract, since ICF has never ... question of any price variation. The variation in tax
was only with respect to the final products (contract goods) from
bill of quantity
(BoQ) of the contract; the said contract had been executed under price
variation clause, the price given on the contract agreement ... entry
the assessee had provided the contract and as per the contract there is a
price variation clause and therefore the assessment of the bills
regarding price variation. The said clause indicates that
if there is price variation of 10% on the cost of components of
the contract such benefit ... this Court directed to give effect to
such price variation from the inception of the contract. The
judgment of this Court has become final
