STATE OF WEST BENGAL Vs. PAM DEVELOPMENT PRIVATE LIMITED
LAWS(CAL)-2020-3-12
HIGH COURT OF CALCUTTA
Decided on March 03,2020

STATE OF WEST BENGAL Appellant
VERSUS
Pam Development Private Limited Respondents

JUDGEMENT

MOUSHUMI BHATTACHARYA,J. - (1.) The impugned Award under challenge in this application under Section 34 of The Arbitration and Conciliation Act , 1996 (the Act) is of a learned Sole Arbitrator and is dated 21st January, 2010.
(2.) The disputes and differences between the parties arose out of a contract relating to a "Special Repair Programme 2000-2001" for different stretches of the National Highway-II under the Hooghly Highway Division No. II, for which the petitioner published a tender and the respondent was selected as the successful bidder. A formal work order was issued by the petitioner in favour of the respondent on 26th March, 2001 and the work was to be completed within a period of six months under the contract. Due to disagreements arising between the parties, the respondent invoked the arbitration clause in the contract by its letter dated 20th June, 2003 and the learned Sole Arbitrator was appointed thereafter in an application under Section 11 of the 1996 Act.
(3.) The respondent herein was the claimant before the learned Arbitrator. The respondent made several claims including for hire charges of land for installation of machinery, camp office, etc., idle charges for plant and machinery for the failure of the concerned department of the respondent to ensure cash flow, idle labour and equipment charges, refund of security deposit, amount for price escalation of all materials and dues pending with the department against the work executed and a claim for interest, etc.;


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