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The appeal arose from an arbitration award concerning the interpretation of a
'variation' clause in a contract between National Fertilizers Ltd. (appellant) and
Puran Chand Nangia (respondent-contractor). The clause allowed
...the appellant
to issue directions to the contractor varying the extent of the contract work, both
upwards and downwards, up to 25%. The dispute centred on whether the 25%
variation limit should be calculated based on the net overall increase in work
(increases minus decreases) or by adding up all variations (both increases and
decreases). If variations exceeded 25% of the contract price, the contractor
could claim market rates instead of being confined to contract rates.
Bench
Applied Acts & Sections
No Acts & Articles mentioned in this case
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