CHANDIGARH CONSTRUCTION CO. PVT. LTD. Vs. STATE OF PUNJAB
LAWS(SC)-2020-2-52
SUPREME COURT OF INDIA
Decided on February 14,2020

Chandigarh Construction Co. Pvt. Ltd. Appellant
VERSUS
STATE OF PUNJAB Respondents







JUDGEMENT

A.S.BOPANNA,J. - (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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