letter certifying his requirement so as to
enable him to procure the bitumen from the Oil Refinery. It
.
was further averred that inspite ... issue the said letter which prevented
him from procuring the bitumen required for the work. Since,
defendant No.2 was bound to afford all reasonable
forged bitumen invoices submitted by the
contractor as genuine, although no procurement of bitumen was made
through the oil company. This allegation is not supported ... materials collected against this
petitioner and passed its order that no bitumen was procured from the
oil company and the invoices produced by the contractor
plaintiff, it is found that the plaintiff is unable to procure
the Bitumen supplied by the defendants and continue with the work
entrusted ... establish that he has incurred any additional costs in the
procurement of Bitumen as alleged by him, in all, it is found that
case is that file noting on the basis of which the
procurement of bitumen was made was not exhibited in
original and in fact ... dispute
that the appellant had initiated the file for procurement of
bitumen. He also submits that there was neither any remaining
budgetary allocation nor there
road and the documents submitted with
regard to obtaining the bitumen from the oil companies had submitted forged
documents to the Department. This petitioner along ... avoid his liability of
submitting false and forged bitumen invoices, showing procurement of
bitumen worth Rs.2,08,20,296/- purportedly issued from Hindustan Petroleum
increase or decrease in the cost of Plant
and machinery spares procured by the Claimant shall be paid
in accordance with the following formula ... decrease in the cost of
localmaterials other than cement, steel, bitumen, plant spares
andPOL procured by the Claimant shall be paid in accordance
learned Sole Arbitrator was increase in the price of fuel, diesel and Bitumen
compared to the price submitted at the time of tender leading ... case of the respondent that the petitioner had
agreed to procure materials including Bitumen under the terms of the contract
agreed upon by and between
labour, plant and machinery,
petroleum, oil and lubricant (POL), cement, steel, bitumen, and other
local materials. Price adjustment for four of these components ... Component
Price adjustment for increase or decrease in the cost of
cement procured by the contractor shall be paid in
accordance with the following formula
that the contract was awarded in favour of the contractor on
Engineering Procurement and Construction mode and article
19 of the Agreement clearly states that ... applicable to any price
variations in respect of labour, cement, steel, bitumen, fuel,
lubricants, and other material inputs and plant and
machinery as per clause
M/S. Jai Bhawani Construction, Adarsh ... vs The Union Of India And Ors on 5
