MUGEEM AHMAD Vs. STATE OF UTTAR PRADESH
HIGH COURT OF DELHI
STATE OF UTTAR PRADESH
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(1.) HEARD learned counsel for the parties. Record of the learned additional District Judge perused. Record of the Arbitrator which forms part of record of the learned ADJ has also been perused. A short question arises for consideration.
(2.) IN response to a notice inviting tender issued by the respondent, as per tender documents prescribed, appellant submitted the offer.
(3.) THE tender specified the quantities to be executed but vide clause 16 stipulated as under:-
"clause 16. The Engineer-in-charge shall have power to make such alteration or in additions to the original specification, drawing designs and instructions as may appear to him to be necessary or additional work which the contractor may be so directed to do shall be bound to carry out the work in accordance with any instructions which may be given to him in writing signed by the Engineer-in-charge, and such alterations shall not invalidate the contract, and any additional work which the contractor may be so directed to do shall be carried out by the contractor on the same conditions all respects on which he agreed to do the main work and at the same rates as are specified in the tender for the main work. The time for the completion of the work shall be extended in the proportion that the additional work bears to the original contract work, and the certificate of the Engineer-in-charge shall be conclusive as to such proportions. If the additional work includes any item for which no rate is specified hereunder, than the contractor shall carry out the work at the rate entered in the Schedule of Rates of the District but if the schedule does not contain any rate for such work, then the contractor shall not begin such work until a rate in respect of such work has been settled by mutual agreement between him and the Engineer-in-charge with the approval of the officer accepting the contract, and if they are unable to agree upon a rate within two weeks from the date when the contractor received the order, the Engineer-incharge may by a notice in writing cancel the order for such work, and carry it out in such manner as he may think best. In the event of a dispute the decision of the superintending Engineer shall be final and binding on the contractor. ";
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