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    <title>1993 (6) TMI 250 - BOMBAY HIGH COURT</title>
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    <description>Written tender terms governed payment for extra work, and implied consent could not be inferred from silence or non-response to correspondence. Where the contractor had withdrawn a reservation for extra rates and no competent authority positively accepted a higher rate, enhanced payment for additional excavation, dewatering and rubble trap masonry was not available, though the contractor was entitled to the rate applicable to hard-strata excavation to the extent supported by the record. The escalation claim was upheld on the basis of the governing resolution and notifications. Interest was modified because pre-suit interest had to be confined to the proved current rate, and pendente lite interest under Section 34 CPC was limited to 6% per annum since public bridge construction was not a commercial transaction.</description>
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    <pubDate>Tue, 29 Jun 1993 00:00:00 +0530</pubDate>
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      <title>1993 (6) TMI 250 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=307427</link>
      <description>Written tender terms governed payment for extra work, and implied consent could not be inferred from silence or non-response to correspondence. Where the contractor had withdrawn a reservation for extra rates and no competent authority positively accepted a higher rate, enhanced payment for additional excavation, dewatering and rubble trap masonry was not available, though the contractor was entitled to the rate applicable to hard-strata excavation to the extent supported by the record. The escalation claim was upheld on the basis of the governing resolution and notifications. Interest was modified because pre-suit interest had to be confined to the proved current rate, and pendente lite interest under Section 34 CPC was limited to 6% per annum since public bridge construction was not a commercial transaction.</description>
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      <pubDate>Tue, 29 Jun 1993 00:00:00 +0530</pubDate>
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