- (1.) The Court : The appeal arises out of an order dated September 10, 2013 by which an arbitral award has been set aside on divers counts.
(2.) The facts, to the extent that they are not in dispute, may be summarised as follows: The appellant herein was engaged for the purpose of constructing four several stretches of a State highway between Panagarh and Moregram. The four contracts were almost identical and contained similar clauses. The contractor claimed in each case that on account of the inordinate delay on the part of the State to hand over the sites and make available other infrastructure necessary for the construction, the contractor suffered loss, there were cost overruns and consequential additional expenses incurred. Four references were initiated and similar awards were passed therein.
(3.) In respect of the first of the awards that was challenged in this Court, the petition for setting aside the award failed. The award was upheld by a judgment and order of January 6, 2011. Such order was carried in appeal and, by an order of September 22, 2011, the order upholding the arbitral award was affirmed, save to the extent that the claim in respect of loss of opportunity cost was disallowed.;