ANIL KUMAR CHOUDHARY
Executive Engineer, Rural Works Department – Appellant
Versus
Anil Sharma, Proprietary represented by its Proprietor Sri Anil Sharma – Respondent
17. The award comports with principles of law governing price escalation firmly established by the decisions of this Court. For these reasons, we find merit in the contention of the learned counsel appearing on behalf of the claimant that the award does not suffer from any error apparent on the face of the record insofar as the aspect of price escalation is concerned.
18. The High Court has also adverted to the decision of this Court in Northern Railway v. Sarvesh Chopra [Northern Railway v. Sarvesh Chopra, (2002) 4 SCC 45] in support of the principle that if a party to a contract does not rescind it by invoking Sections 55 and 56 of the Contract Act, 1872 and accepts the belated performance of reciprocal obligations, the other party would be entitled to make a claim for damages.
21. The next aspect of the matter relates to the award of interest for the period from 7-3-1986 to 31-12-1997. The arbitrator awarded a lump sum of Rs 20 lakhs for a period of 11 years. The High Court set aside
Associate Builders Vs. Delhi Development Authority reported in (2015) 3 SCC 49
Alopi Parshad & Sons Ltd. v. Union of India
Assam State Electricity Board & Others v. Buildworth Private Limited reported in (2017) 8 SCC 146
Dhanrajamal Gobindram v. Shamji Kalidas & Co. [AIR 1961 SC 1285
Energy Watchdog v. CERC & others reported in (2017) 14 SCC 80
General Manager, Northern Railway and Another v. Sarvesh Chopra
Hyder Consulting (UK) Ltd. v. Governor, State of Orissa Through Chief Engineer
Irrigation Deptt., State of Orissa v. G.C. Roy
Kunju Kesavan v. M.M. Philip and others (AIR 1964 SC 164)
Kochhar Construction Works v. DDA [(1998) 2 Arb LR 209 : (1998) 74 DLT 118]
Khardah Co. Ltd. v. Raymon & Co. (India) (P) Ltd. [AIR 1962 SC 1810]
K.N. Sathyapalan (Dead) By LRs v. State of Kerala and Another reported in (2007) 13 SCC 43
Konkan Railway Corpn. Ltd. v. Mehul Construction Co.
Konkan Rly. Corpn. Ltd. v. Rani Construction (P) Ltd. [(2002) 2 SCC 388]
McDermott International Inc. v. Burn Standard Co. Ltd.
Mr Sharan cited Harsha Constructions v. Union of India [(2014) 9 SCC 246 : (2014) 4 SCC (Civ) 803]
National Aluminium Co. Ltd. v. Varun Shipping Co. Ltd.
Northern Railway v. Sarvesh Chopra
Renusagar Power Co. Ltd. v. General Electric Co. [(1984) 4 SCC 679 : AIR 1985 SC 1156
State of Jharkhand & Others vs. H.S.S. Integrated SDN & Another reported in (2019) 9 SCC 798
State of U.P. v. Patel Engg. Co. Ltd.
SBP & Co. Vs. Patel Engg. Ltd. reported in (2005) 8 SCC 618
T.P. George v. State of Kerala
Wellington Associates Ltd. v. Kirit Mehta reported in (2000) 4 SCC 272
Waverly Jute Mills Co. Ltd. v. Raymon & Co. (India) (P) Ltd. [AIR 1963 SC 90
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