inputs. The price and price escalation clauses
of Exhibit 'A' established that the parties were working on a firm price,
which would stand ... price escalation
cause which although being present in Exhibit 'A' was absent in Exhibit
'B'. The price escalation clause in Exhibit
escalation. Clause 31, as mentioned above, does not prohibit or create any bar to the jurisdiction of the Arbitrator in granting escalation in favour ... examined the entire facts of the case held that though the price escalation clause did not cover the claim for compensation for additional expenditure
weight will be acceptable.
(3) Normal Sale terms of MSTC including price escallation clause is acceptable.
(4) 240 tonnes of C.I. Rolls (below ... discussion between the parties and after discussions they agreed to price escalation clause and they were offered materials admittedly by issuing sale orders
contract against the claim of escalation of price awarded compensation on account of escalation of price even though the same was clearly prohibited ... case there was no provision for price escalation but even in the absence of price escalation clause the Supreme Court has held that when
General Conditions of Contract
including Clause 17.1 that would debar the contractor to get any
escalation of price. Hence, this appeal before us.
We have ... instant
appeal is whether in the absence of any price escalation clause in the original
agreement and a specific prohibition to the contrary
terms of the Tender provided for a general escalation clause
(Clause 8.2.2.) as well as a price adjustment clause to be utilized
for variation ... contract and any revision in the contractual price is solely on the
basis of the price escalation clause of the contract, that is, clause
Banerjee submits that without any escalation clause in the
contract, the Learned Arbitrator has allowed the claim of escalation.
She submits that the Arbitrator ... Arbitrator failed to
consider that the respondent has withdrawn the price escalation clause
and proceed without price escalation. She submits that the Arbitrator
fact not gone into. An engineering
contract, which has a price escalation clause by a formula, is one that
would always yield result zero ... carrying mutual
mistake.
Parties have a contract between them containing arbitration
clause. Disputes and differences arising or in relation to the contract were
referred
claimant/petitioner invoking the price variation clause or on account
of damages for increase of price of raw materials, labour etc. during the extended
period ... rise in price or extra
expenditure on and after 7th October, 1994. The claimant could not insist on any
price escalation clause in the original
Claim No. 5:
Escalation on Non-escalable portion of Contract Price -- Rs. 1,84,88,619.00.
(f) Claim No. 6.
Claim for Special Treatment ... Claim for balance amount of Escalation for variation in prices of Materials payable vide Clause No. 10.21 of SA-I for Sand, Stone and Aggregate
