UNION OF INDIA Vs. N.C.C. LTD.

JUDGEMENT

(1.) OMP 1510/2014 & IA Nos. 23543/2014 (Stay), 23544/2014 (Exemption), 23545/2014 (condonation of delay in filing) & 23546/2014 (condonation of delay in re-filing)

(2.) Learned counsel for the petitioner does not dispute the fact that the contract which was entered into between the parties thereafter, on 18.03.2010, did not contain the clause 19A, which, according to the petitioner, had replaced clause 19.

(3.) To be noted, clause 19 allowed for lodgement of a claim for escalation whereas, clause 19A, which is referred to by the petitioner, and which does not find mention in the contract, prohibited claim for escalation, in respect of contracts which had a tenure of 24 months.