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Supreme Court of India · 2014-03-03

U.O.I. vs M/S. CONCRETE PRODUCTS & CONST. CO. ETC.

Citation / case number
SC 2012/39243
Court
Supreme Court of India
Petitioner
U.O.I.
Respondent
M/S. CONCRETE PRODUCTS & CONST. CO. ETC.
Author
SURINDER SINGH NIJJAR
Bench
FAKKIR MOHAMED IBRAHIM KALIFULLA SURINDER SINGH NIJJAR

Judgment text excerpt

The Supreme Court upheld the High Court's decision dismissing the Union of India's appeals regarding the recovery of excess payments made to contractors under escalation clauses in contracts for the supply of concrete sleepers. The Court emphasized that the contracts stipulated that price adjustments for raw materials should be based on actual costs and subject to scrutiny, as per Clause 12.2(c). The Court found that the Union of India failed to establish that the payments exceeded the market price, thus affirming the contractors' entitlement to the amounts claimed.

U.O.I. vs M/S. CONCRETE PRODUCTS & CONST. CO. ETC. · Niyam