LAWS(HPH)-2016-8-212

SHAM MAHAJAN Vs. STATE OF HIMACHAL PRADESH

Decided On August 04, 2016
Sham Mahajan Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) In this petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act"), Contractor who is the claimant, has assailed the Award dated 27.09.2010 passed by the Arbitrator-cum-Superintending Engineer, D-1, National Highway U.S. Club, HP. PWD, Shimla - 171001, in Casae No. SE-NH-Sml-Arb./2010-11-3335-37, arising out of works contract for "Improvement of Shimla - Wangtoo Road NH-22 Km. 153/0 to 200/0 (SH:- Earth Work, B/Wall, R/Wall, CD Works etc. in Km. 153/0 to 161/0)", Agreement No. 93 of 1992-93 of Theog Division, HP. PWD, Theog.

(2.) The Arbitrator allowed the claims of the Contractor and the State in the following manner:- Award in favour of the Claimant/Contractor: Award in favour of the Claimant/Contractor: <FRM>JUDGEMENT_212_LAWS(HPH)8_2016_1.html</FRM> <FRM>JUDGEMENT_212_LAWS(HPH)8_2016_2.html</FRM>

(3.) It is an admitted position that State has not filed any objections to the impugned award. Also no challenge is laid before this Court with regard to the adjudication of or quantification of the counter claims.