towards losses denied the claim theoretical calculations
overheads from infructuous overheads entirely and stated that using Hudson’s
and contended that the Claimant ... while dealing with the overhead, it must include both the site overhead as well
as the office overhead. Hence, this Court finds that the compensation
Arbitrator awarded a sum of
Rs.3,83,654/- towards infructuous overhead expenses and a
similar amount of Rs.3,83,654/- towards loss ... Iggalur
work under two captions viz "loss due to infructuous
overhead expenses" and "loss of profit". This is contrary
claim was for a
sum of Rs.13,69,743/- towards infructuous overheads and loss
of profits on account of delay in completion ... three counts.
5. His first contention was that claim for infructuous
overheads and loss of profits has been assessed in a totally
perverse and arbitrary
have also seen that the petitioner has claimed loss of infructuous
overheads and loss of profit on percentage basis. The documents submitted by the
petitioner ... these documents and articles do not specify either
any loss of infructuous overheads and loss of profit pertaining to this work. Photo
copy
respectively against Ujjain Nagar Palika Nigam, Ujjain for infructuous overheads; loss of profit; refund of earnest money and ante-lite interest/The terms and conditions ... damages, on account of loss of profit as well as infructuous overheads and their further submission was that the respondents/Corporation has not committed
with compensating required to
staff and equipment, leading infructuous remain on site
to infructuous expenditure. overheads. Further, with its
Applying Hudson’s formula since foreclosure ... while dealing with the overhead, it must include both the site overhead as well
as the office overhead. Hence, this Court finds that the compensation
other separate claim
claims, specifically those for for damages
loss of infructuous overheads due to the non-
and extended use of availability of
machinery ... while dealing with the overhead, it must include both the site overhead as well
as the office overhead. Hence, this Court finds that the compensation
petitioner's claims Rs.1,89,6000/-relating to infructuous overheads,
Rs.94,800/-loss of profitability , Rs.35,650/-loss due to alleged ... incurring excess
overhead charges. Hence, we reject his claim for infructuous overheads.
11. Learned tribunal has considered all evidence produced before the tribunal
and given
respondents, the
petitioner submitted claims for escalation (Rs.83,550), infructuous overheads
(Rs.25,000), and loss of profits (Rs.25,000), totalling ... entitled to escalation, and the
claim was rejected.
12. As regards Infructuous Overhead and Loss of Profit Claims, the
petitioner claimed Rs.25,000/- each
Money Rs.78, 600.00
5 Balance escalation Rs. 15,000.00
6 Infructuous overheads Rs.7,21,307.00
7 Loss of profit ... claims No.6 and 7 Rs.8,35,000/- under the
infructuous overheads and loss of profit have been rejected. The Tribunal
has awarded interest
