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D. V. S. S. SOMAYAJULU, V. SRINIVAS
Scl Infratech Ltd. – Appellant
Versus
V. R. Constructions – Respondent
JUDGMENT:
D.V.S.S.Somayajulu, J.
This appeal is filed questioning the judgment and decree dated 08.12.2017 passed in O.S.No.83 of 2017 by the Commercial Court-cum-Principal District Judge, Kurnool.
2. Sri B.Adinarayana Rao, learned senior counsel appeared for the appellant, whereas Sri N.Subba Rao, learned senior counsel appeared for the respondents.
3. Learned senior counsel for the appellant essentially argued that the judgment of the lower Court is against the settled principles of law. He points out that in the contract between the appellant and the 1st respondent, there is no condition for payment of escalation charges. In the parent contract between the appellant and the State, there is an escalation clause which is not, however, included in the agreement between the plaintiff and defendant No.1. It is also pointed out that the pleading about the escalation in the suit is absolutely lacking and that the trial Judge committed an error in awarding escalation. It is, according to him, a matter of contract and the Court cannot award escalation on the grounds of equity or otherwise. He also points out that the claim made is essentially for alleged balance due, whereas escalation was a
The main legal point established in this judgment is the requirement for proper pleading and proof of claims, including escalation charges and interest, in a contract dispute. The Court emphasized th....
The main legal point established in this judgment is that the award of escalation charges and interest in a commercial contract dispute should be based on proper pleading, proof, and consideration of....
The suit was within limitation as the cause of action accrued upon the non-payment of the final bill, and not completing the price escalation calculations per the contract terms invalidated the defen....
The main legal point established in the judgment is the entitlement of the petitioner to escalation cost under the contractual provision of Clause-32(a)(b)(c) despite the submission of a 'no claim ce....
Escalation of contract rates is permissible when delays are not due to the contractor's fault, allowing for additional payment for work done after significant delays.
Failure to raise claims for escalation in a timely manner and acceptance of payments in full and final settlement preclude further claims.
The appellate jurisdiction under section 37 is limited to the grounds prescribed under section 34. Courts cannot re-appreciate evidence or substitute their views for that of the arbitrator, provided ....
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