CHANDIGARH CONSTRUCTION CO. PVT. LTD. Vs. STATE OF PUNJAB
SUPREME COURT OF INDIA
Chandigarh Construction Co. Pvt. Ltd.
STATE OF PUNJAB
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(1.)The appellant is before this Court assailing the order dated 08.04.2011 passed by the High Court of
Punjab & Haryana at Chandigarh in Civil Revision
No.2958/2008 which was disposed of along with Civil
Revisions Nos. 2949, 2960 and 2961 of 2008. Through
the said order the High Court allowed the Revision in part
to the extent of allowing the Claim No.1 of the appellant
by modifying the judgment passed by the Trial Court and
the First Appellate Court, but insofar as the remaining
claims the judgments passed by the First Appellate Court
was affirmed. Consequently, the Award passed by the
Arbitrator stood modified to that extent. The appellant,
therefore, is aggrieved to the extent, the remaining claim
of the appellant was rejected. In that view the
consideration in the instant appeal pertains to the Claim
Nos.2, 3, 8, 12 and 16 as put forth and also the issue
relating to the grant of interest which arose for
consideration under Claim No.19.
(2.)For the purpose of convenience and clarity the parties would be referred to in the rank assigned to them
in the arbitration proceedings. Accordingly, the appellant
herein would be referred to as the claimant, while the
respondents would be referred to as the opposite party.
(3.)The proceedings in question arises relating to an Award passed under the Arbitration Act, 1940 ('Act 1940'
for short). The claimant and the opposite party had
entered into a contract agreement dated 05.02.1985 for
construction of Sutlej Yamuna Link Canal (Punjab) and
in that regard to carry out the earth work, drainage
behind lining and cement concrete lining of Raech RD
71.50 to 72.50 kms. The estimated cost of the project was at Rs.31 lakhs and the contract amount for the work
was fixed at Rs.59,86,732/. The work concerned was to
be executed in eight months.
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