Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration and Conciliation Act Contract – NHAI Contracts 1996 – s.34. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Contract – NHAI Contracts – Price adjustment formula, ‘note’ appended thereto – Interpretation of – Respondents-contractors awarded contracts by appellant-NHAI for construction of roads etc. – Tender document envisaged a ‘Price Adjustment formulae – Sub-clause 70.3 of the Contract provided for the ‘adjustment formulae’ for calculating the price adjustment amount wherein the work is divided into seven components for which specific percentages were given to govern the price adjustment– However, such specific percentages were given only for 4 components, and for rest three components i.e. bitumen, cement and steel, variable percentages were given as x%, y%, z% which were to be worked out – ‘Note’ after sub-para (xi) of sub-clause 70.3 mentioned that x, y, z were the actual percentage of the cost of material of bitumen, cement and steel respectively which were used for execution of the work – Dispute between parties as to basis for calculation of actual percentage of cost of material of bitumen – Plea of NHAI that base rate (i.e. the rate prevailing 28 days prior to the submission of the bid) of these materials should be considered while applying the formula – Respondents contended that it is the prevailing rate in that particular month which would be the determining factor – Dispute Review Board (DRB) held in favour of NHAI – Respondents invoked arbitration – Arbitration Tribunal allowed the claim – NHAI filed objections u/s.34, 1996 Act before High Court – Objections dismissed by High Court – On appeal, held: Clause relating to price adjustment indicates that certain components which go into the execution of the projects like labour component, cement component, steel component, plant and machinery and spares component, bitumen component etc. may not remain static insofar as their price is concerned – There is a possibility that from the date when the price of these components was quoted by the contractor in his bid, there may be increase or decrease in the said price from time to time during the execution of the contract – Towards this, adjustment formula for working out the cost, at the time of execution of the contract, is provided – This adjustment has to be arrived at, in comparison with the base price/rates referred by the contractor/ bidder – Thus, while applying price adjustment formula for calculating the price adjustment of bitumen, it is the base rate which is to be applied and not the current rate – Arbitration and Conciliation Act, 1996 – s.34 |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2018 INSC 195 |
Petitioner | National Highway Authority Of India |
Respondent | M/s. Progressivemvr (jv) |
SCR | [2018] 2 S.C.R. 1015 |
Judgement Date | 2018-02-23 |
Case Number | 458 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |