Advocates:
['M/S H M DHAL', 'P K SAMANTRAY', 'M/S KAMAL BEHARI PANDA', '', 'S K MISHRA', 'P K SAHOO', 'S R RAY', 'Y DAS', 'M/S SANTANU KU SARANGI', 'AGA']

Page 1 of 5

IN THE HIGH COURT OF ORISSA AT CUTTACK

ARBA No.05 of 2014

(Through Hybrid mode)

Nilachakra Constructions

….

Appellant

Mr. Santanu Kumar Sarangi, Senior Advocate

-versus-

State of Orissa and another

….

Respondents

Mr. Tarun Kumar Pattanaik, Advocate

(Additional Standing Counsel)

CORAM: JUSTICE ARINDAM SINHA

Order No.

ORDER

11.08.2022

09.

1.

This appeal was moved on 14^th July, 2022, when it was

contended on behalf of appellant that price variation claim

under contract clause 44.2 awarded, was erroneously set aside

in the challenge. On behalf of respondent, impugned judgment

dated 20^th January, 2014 was defended on contention that in

award dated 3^rd October, 2009 itself there was record of

upward

revision

of

estimated

contract

value

from

Rs.1,54,90,884/- to Rs.1,75,44,698/-.

2.

Mr. Sarangi, learned senior advocate appears on behalf

of appellant and had earlier pointed out, upward revision of

value of contract was on account of deviation.

3.

Mr. Pattnaik, learned advocate, Additional Standing

Counsel submits, appellant had given clear undertaking of ‘no

cl