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2020 Supreme(Jhk) 390

ANIL KUMAR CHOUDHARY
Executive Engineer, Rural Works Department – Appellant
Versus
Anil Sharma, Proprietary represented by its Proprietor Sri Anil Sharma – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Atanu Banerjee, Ms. Pooja Kumari
For the Respondent:Mr. Indrajit Sinha, Advocate

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

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