final.
xxxxx xxxxx xxxxx
CLAUSE 10CC. If the prices of materials (not
being materials supplied of services rendered
at fixed prices by the department ... received
compensation for increase in wages as well as escalation of prices
of materials (under Clause 10CC) and compensation for loss of
profitability (under Claim
price escalation and
compensation for breach of the First Agreement. The said portion of the
Second Agreement is reproduced hereinbelow: -
"WHEREAS under clause ... price escalation of
73 kitchens as per Clause 2 & Schedule II of this Agreement,
and
(d) therefore the balance remaining with
evidence. I have studied
Clause 10C and Clause 10CC, which have attached
within agreement. If as stated by respondent that clause
10CC is not applicable ... Clause 10(cc): If the prices of materials (Not being
materials supplied or services rendered at fixed prices
by the department in accordance with clause
also of the view that respondent-claimant is entitled to
benefit of Clause 10 CC in the present case as the contract ... extra items, whereas Claim No. 7 based
on Clause 10 CC is compensation for escalation in prices.
16. As far as the award of rate
extent that it accepts L&T's
claim for price adjustment (escalation). Mr. Tripathi, had
contended that the same was contrary ... Clause
(a) of Clause 1.1 of Appendix - 4 of the Contract Agreement to
submit that award of any price variation/escalation was
contrary
been encashed by the PGCIL.
9. As far as the Award of escalation is concerned, I find that the
Arbitrator has awarded the same after ... damages, TEC would be entitled to price
escalation. I may mention that there is no provision in the clause which
O.M.P. 474/2003
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