since price escalation under clause 10CC & OH based on
Hudson were awarded even when Clause 1.27 of contract read with
Clause 6.4.1(iii) stipulated ... Part B (damages of price escalation due to prolongation of contract).
◦ The above alleged claim on account of price escalation due to
prolongation of contract
Price escalation clause i.e. Clause 12 of ' Terms and
Conditions of e-Tender', as under:
"12. Price Escalation Clause:- In case ... change of price of items, upwards and downwards,
DG (Prisons) shall consider the price escalation after
framing the committee. The price of Marandi wood
Section 17 & 30
of Arbitration Act 1940.
There was no price
escalation clause in the
original agreement and
there was no prohibition
also ... done after submission of the
8th RA Bill and therefore the escalation under clause 10 C had to
be paid
respect of the Claim no.6 which was
awarded towards price escalation during the
extended period;
Arbtn. No. 7630/17 NDMC Vs. M/s. Krishan ... appeal before it was whether in the
absence of any price escalation clause in the
Original Agreement and a specific prohibition to the
contrary
Page No. 14/49
that claimant had separately claimed escalation price of steel. That escalation was
held to be not admissible as per the contract ... Court held that claim for escalation cost can be granted even in
the absence of any price escalation clause in the agreement and despite specific
entitled
to compensation towards price escalation or not. In that case, original
agreement did not contain a clause for escalation of rates but the
supplementary ... instant
appeal is whether in the absence of any
price escalation clause in the original
5
agreement and a specific prohibition to
the contrary
metric tonnes of technical gelatine under
the subject tender at a price of Rs. 17,500 per metric tonne. The subject
tender was opened ... dated 2.8.1978 the defendant called upon the plaintiff to
withdraw the price escalation clause contained in the tender submitted by
the plaintiff. As stated
clause 10-CC
of Agreement provdies as under:
Clause 10CC of the Agreement provides as under:
CLAUSE 10CC
If the prices of materials ... respect of the escalation of prices of materials
and services rendered subject to the condition that such
compensation for escalation in prices shall be available
Union Of India vs M/S Bansal Construction Co on 11 February, 2022
IN THE
Claim no.4 on account of price rise and/or escalation
payable and calculable as clause 10 CC of the agreement,
amounting ... account of the price rise and/or escalation as per clause 10 CC of
the agreement is concerned, it is stated that no escalation
