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2019 Supreme(SC) 736

ROHINTON FALI NARIMAN, VINEET SARAN
PAM DEVELOPMENTS PRIVATE LTD. – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
For Petitioner(s): Mr. Saurav Agarwal, Adv. Mr. Priyankar Saha, Adv. Mr. Sarad Kumar Singhania, AOR Ms. Rashmi Singhania, Adv. Mr. Subhasish Bhowmick, AOR Mr. A.K. Mishra, Adv.
For Respondent(s): Mr. Suhaan Mukerji, Adv. Ms. Astha Sharma, Adv. Mr. Amit verma, Adv. Mr. Abhishek Manchanda, Adv. Ms. Kajal Dalal, Adv. Mr. Prastut Dalvi, Adv. Ms. Dimple Nagpal, Adv. M/s PLR Chambers & Co.

JUDGMENT

VINEET SARAN, J.

Leave granted.

2. In response to a notice inviting tender issued by the respondent relating to the work of “Special Repair Programme 2000-2001 for different stretches of National High Way-II from 622 Kmp to 625 Kmp, 627 Kmp to 628 Kmp and 630 Kmp to 631 Kmp (vide Job No.CRF/W.B./70/2000) under the Hooghly High Way Division No.II in the District of Hooghly (Package No. II)”, the appellant, alongwith others, had applied. The bid of the appellant was accepted on 26th March 2001, for which an agreement was registered on 2nd April, 2001. After several extensions were granted by the respondent for the delay which, according to the appellant, was entirely attributable to the respondent, the work under the agreement was completed by the appellant on 28.02.2002. Then, on 26th May 2003, the appellant raised its claims and dues before the Executive Engineer of Public Works (Roads) Department, Government of West Bengal. The claims of the appellant having not been paid, an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short ‘the Arbitration Act’) was filed by the appellant. By an order dated 14th August 2003, the Calcutta High Court w


































































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