Mc-Rotem-Melco Consortium vs Delhi Metro Rail Corporation Ltd. on 8 April, 2016

FAO(OS) No.147/2015 Page 1 of 34
2. Being found technically eligible, the appellant MC-Rotem-Melcon
Consortium comprising Rotem Company, Mitsubishi Corporation and
Mitsubishi Electric Corporation (referred to as MC-Rotem hereinafter)
quoted the price with conditions concerning custom duty rate for the
imported component and variation of taxes and duties in view of Clause 13.1
of the GCC, which reads as under:-
” Clause 13.1: Unless otherwise stated in the Special
Conditions of Contract, the Employer shall pay to the
Contractor a fixed lump sum Contract Price subject to
any adjustment thereto in accordance with these
Conditions. Except as otherwise expressly provided,
the Employer shall not be required to pay interest on
any money claimed by the Contractor, nor for the
Employer’s Representative’s failure in certifying any
payment due or payable to the Contractor.

Source: Indian Kanoon

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