following aspects :
a) the respondent is entitled to escalation in price, calculated
as per the escalation clause (clause 5 of the purchase order ... respondent was entitled to escalation in the
price of metallurgical coke, by applying the price variation
formula contained in clause (5) of the Purchase Order
with certain modification. Regarding price escalation
it was stated as follows :
"Price Escalation: We agree to modify this
clause to the same form ... factory was
bought by us. Under that escalation clause,
escalation is payable only on statutory
increase in prices of pig iron and premium
hard coke
standard bid
document received from the Railway Board covering the new
price escalation clause based on the latest board guidelines.
A decision is also taken ... that till the contracts as per new
price-escalation clause are awarded, necessary arrangements
may be made by keeping adequate imprest. In a nutshell
price of the commodities used during the progress of the work for price of material or labour price. That was within the escalation clause pure ... increase exceeded 10% of the price there shall he enhancement in the rates. That was a price escalation clause pure and simple
both
cases were different. But both contracts had an identical price
escalation clause and a formula for its application. On an identically
worded price escalation ... acceptance of the
Angerlehner Award and its interpretation of the price escalation
clause with its formula, and a rejection of the AJECT Award, which
took
deletion of price
adjustment clause in the interest of RMSA would be
removed and that the inclusion of the price adjustment
clause ... claim has been entered into. Though
clause 39 carried a note that the clause pertaining to
price escalation may be deleted in principle the same
deletion of price
adjustment clause in the interest of RMSA would be
removed and that the inclusion of the price adjustment
clause ... claim has been entered into. Though
clause 39 carried a note that the clause pertaining to
price escalation may be deleted in principle the same
deletion of price
adjustment clause in the interest of RMSA would be
removed and that the inclusion of the price adjustment
clause ... claim has been entered into. Though
clause 39 carried a note that the clause pertaining to
price escalation may be deleted in principle the same
deletion of price
adjustment clause in the interest of RMSA would be
removed and that the inclusion of the price adjustment
clause ... claim has been entered into. Though
clause 39 carried a note that the clause pertaining to
price escalation may be deleted in principle the same
specifically
mentions that the price adjustment clause was deleted
and no decision has been taken for inserting the price
adjustment clause. It is submitted that ... claim has been entered into. Though
clause 39 carried a note that the clause pertaining to
price escalation may be deleted in principle the same
