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ARUN DEV CHOUDHURY
Mrigen Bhagawati, S/o. Sri Jiten Bhagawati – Appellant
Versus
State Of Assam, rep. By The Comm. And Secy. To The Govt. Of Assam, Irrigation Deptt. – Respondent
ORDER :
1. Heard Mr. A Biswas learned counsel for the petitioner and Mr. N. Upadhyay learned standing counsel, Irrigation Department.
2. The present writ petition is filed assailing a speaking order dated 28.11.2019 whereby the claim for “escalation of price” made by the petitioner in execution of a contract was rejected.
3. Pursuant to a NIT dated 10.12.2004 for execution of work, namely “Bordikorai Irrigation Scheme-Extension of Spillway Road Slab, Railing etc, the petitioner was awarded the said contract on 07.03.2007. During the continuation execution of the work, the petitioner sought for escalation of price for various reasons including delay attributable to the respondents.
4. When such claim of escalation was not considered, the petitioner preferred a writ petition being WP(C) No.6162/2015. This court under its order dated 10.12.2018 disposed of the writ petition directing the Chief Engineer, Irrigation Department to treat the writ petition as a part of the representation and to dispose of the representation dated 10.05.2015 submitted by the petitioner by a speaking order. Subsequently the impugned speaking order was passed.
5. By way of the speaking order the Chief Engineer, Ir
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A contract's timelines affected by mutual agreements for delays allow claims for price escalation under applicable clauses, establishing equity in contractual relations with state entities.
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....
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