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SUPREME COURT OF INDIA
R.K. Agrawal, J
Union of India – Appellant
Versus
M/s. Varindera Constructions Ltd. – Respondent
| Table of Content |
|---|
| 1. facts of the case concerning contract and arbitration. (Para 2 , 3) |
| 2. the interpretation of contractual clauses involves the nature of escalations. (Para 5 , 6 , 7) |
| 3. discussion on the applicability of clause 19 and its relation to wage escalations. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. conclusion on the interpretation of clauses and entitlement to claims. (Para 14) |
| 5. final ruling allowing the appeals and setting aside previous judgments. (Para 15) |
JUDGMENT
R.K. Agrawal, J.
1) Leave granted.
2) These two appeals are preferred against the impugned common judgment and order dated 28.05.2012 passed by the High Court of Delhi at New Delhi in FAO (OS) Nos. 238 and 239 of 2012 whereby the Division Bench of the High Court dismissed the appeals filed by the appellant herein while upholding the decision of learned single Judge of the Signature Not Verified High Court. Since the moot question is same in these two Digitally signed by ASHA SUNDRIYAL Date: 2018.04.19 Reason:
appeals, both would be disposed off by this common judgment.
3) Brief facts:-
(a) The appellant herein is the Union of India and the respondent herein is the Contractor. On 30.10.2006, the appellant floated two ten
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