Puri Construction P. Ltd. And Ors. vs Larsen And Toubro Ltd. And Anr. on 30
Court
- was clearly contrary to the wording of the price-escalation clause in the
FAO(OS)(COMM) 53/2017 Page 19 of 25
contract between ... terms,
how the base price of washery grade II coal could be applied to
calculate the escalation in coke price produced by using
washery grade
prices of material (not being materials
supplied or services rendered at fixed prices by the
Department in accordance with clause 10 & 34 thereof ... under Clause l0CC in the current
contract also. I therefore rely on the Clause l0CC of the
contract for working out escalation in prices
price escalation upto last
bill on account of Price escalation on indices of 31.8.1998 and
full escalation w.r.t. star price amounting ... awarded towards
balance Price Variation Clause. The Arbitration Tribunal holds
that the Claimants claim of escalation is justified and award to
the claimants escalation amount
price of steel and Claim no. 4 was on account of
escalation of cost of material, labour and fuel. These were barred by
Clause ... escalation having regard to
rates of fuel, wages and other specified inputs.
(f) Clause 32.8.1 provides for compensation in case of
increase in price
necessary
price indices or due to delay in preparation of the
running or final bills.
ix. In view of adjustments for variations of prices ... clause no other adjustments for any reasons
whatsoever like statutory measures, taxes, levies
escalation in prices of Cement & Steel etc. will be
allowed
maintainable for non-compliance of mandatory Clause 53.1, 53.2 of GCC
and Clause 53.3 of COPA. Under Sub Clause 53.1 of GCC, it was required ... taken
while calculating escalation as per price adjustment formulae provided in
Sub Clause 70.3 of the Contract. (f) Clause 70.3 specifically stipulated that
first aspect, i.e. price escalation and interpretation
placed by the Arbitrator on clause 17 is concerned, the learned Single
Judge had relied upon previous ... price escalation. As far as claim No.2 is
concerned, the learned senior counsel urged that the interpretation
placed on clause 14.3 in the present
appellant that there was no dispute
regarding the payment of the price escalation and acceleration charges/costs - there
was nothing arbitrable - and therefore section ... between the
parties in the present case with reference to the price escalation and additional
costs for acceleration; as rightly pointed out on behalf
clause 19, for
variation of prices in case of increase in price of cost of raw material for
E.C. Grade Aluminum Ingot. Clause ... announced by the Central Government in March, 1989 and the subsequent
escalation of prices as well as excise duty, the timing of the risk purchase