2013 (8) TMI 1012

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.... made an offer to the NHAI to complete certain works which had been awarded to another Contractor sometimes in 2001. The offer was made by the Contractor in this case on 5th January, 2005. The Contractor stated that it was willing to execute the balance work of the contract on the same terms and conditions and BOQ rates with price adjustment formula as applicable. The offer was eventually accepted by the NHAI on 29th August, 2005. Apparently, the work had to be completed within a year; the site was handed over on 26th December, 2005; consequently the last date of completion was 25th December, 2006. Apparently, the Contractor made certain claims towards price escalation. In terms of the Agreement, the Contractor was obliged to approach the E....

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....96 and further therein the judgment of Division Bench of High Court in FAO (OS) No.338/2010 NHAI Vs. Unitech-NCC JV upholding the judgment and order dated 8th March, 2010 of the learned Single fao(os) 347/2013 Page 3 Judge and dismissing NHAI‟s appeal with additional costs. In both the said judgments relevant findings of that Arbitral Tribunal are itself reproduced as affirmed without reservation by the learned Single Judge and approved by Division Bench. Therefore, the matter relating to the price adjustment under clause 70 of the Contract is fully covered by the judgment of Division Bench of this Court in the said FAO No.338/2010 NHAI Vs. Unitech-NCC JV, reported as 178(2011) DLT 496." 23. The respondent has also placed the....

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....tion to the legality of the award is apparent on the face of it." 25. Thus, I agree with the finding arrived at by the Arbitrator Tribunal with regard to Claim No.1. Under the scope of Section 34 of the Act, the objections raised by the petitioner are not tenable in view of settled law on this aspect." 5. The learned senior counsel does not dispute this position but states that the said judgments are the subject matter of pending appeals by Special Leave in the Supreme Court. 6. This Court is of the opinion that rule of consistency compels us to follow the previous judgments of the Division Bench which are binding upon us. Consequently, the Court does not discern any infirmity on the approach of the learned Single Judge under....

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....y same contract, which had been successfully tendered for by another Contractor, who had entered into the original Agreement in 2001. The fao(os) 347/2013 Page 6 terms of the bid or offer made by the respondent Contractor itself are revealing - in the letter dated 29th August, 2005, they were willing to execute the balance left out work on the same terms and conditions and BOQ rates with price adjustment formula, as applicable and would be bound by the same rates with original contract as per original sub-Contractors. The Arbitrator held that the subsequent rate of taxation had to be borne by the NHAI; a determination which was also formed by the learned Single Judge. 8. This Court is of the opinion that there is no infirmity in the reas....