Urban Improvement Trust vs Ravi Infrabuild Projects Pvt Ltd ...
2023 Latest Caselaw 3428 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Misc. Appeal No. 56/2023

1. Urban Improvement Trust, Udaipur, Through Secretary, U.i.t., Udaipur.

2. Executive Engineer, Urban Improvement Trust, Udaipur.

----Appellants Versus Ravi Infrabuild Projects Pvt Ltd (Earlier M/s Rqavi Construction Company), (Earlier M/s Ravi Construction Company) Having Its Registered Address At 95, Haranmagri Sector No. 11, Udaipur, Through Its Director Shri Narayan Singh Rao, Aged About 52 Yrs.

----Respondent

For Appellant(s) : Mr. Vijay Purohit

HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MS. JUSTICE REKHA BORANA

Order

21/04/2023

1. It is submitted by learned counsel for the appellant that

the court below was not justified in decreeing the suit for price

escalation despite the fact that Clause 45 of the agreement, which

pertains to price escalation, had admittedly been deleted. Further

submissions have been made that the indication made in the

judgment for permitting the price escalation is, ex facie, contrary

to the settled law.

2. In view of the submissions made, admit. Issue notice. Issue

notice of the stay application also.

3. Notices be made returnable within a period of four weeks.

4. Notices when issued, be given 'Dasti' to learned counsel for

the appellant for service upon the respondent.

(2 of 2) [CMA-56/2023]

5. In the meanwhile and until further orders, execution of the

impugned decree dated 12.10.2022 passed by the Commercial

Court, Udaipur shall remain stayed.

6. List the matter on 26.05.2023.

(REKHA BORANA),J (ARUN BHANSALI),J

14-AbhishekS/-

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