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1986 Supreme(SC) 423

G.L.OZA, R.S.PATHAK
Lakshmichand And Balchand – Appellant
Versus
State Of A. P. – Respondent


Advocates:
G.N.Rao, N.Nettra, T.S.KRISHNAMURTHY IYER, T.V.S.N.Chari, V.GROVER, Y.S.Chitale

Judgment

R. S. PATHAK, J. :- This appeal is directed against the judgment and order of the High Court of Andhra Pradesh disposing of a revision petition filed by the Appellant in execution proceedings.

2. The Appellant is a contractor, who entered into two agreements with the Government of the State of Andhra Pradesh for providing B.T. Macadam wearing coat and seal coat along two stretches of the Hyderabad-Vijayawada National Highway. While the work was in progress, the contractor made certain claims in respect of the loss suffered on account of delay, escalation of rates and other heads. The claims were referred to arbitration. On Sept. 4, 1979 the Arbitrator held the contractor entitled to a sum of Rs. 99,00,000/- under five heads of claim. The contractor applied to the Civil Court for making the award a rule of the Court while the State Government prayed for setting aside the entire award. The Civil Court set aside the award and refused to pass a decree in terms of the award. The contractor appealed to the High Court, and on April 19, 1982 the High Court allowed the appeal to the extent of one of the claims only, the claim being for loss of profit in the sum of Rs. 16,00,000/- tog








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