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2021 Supreme(SC) 792

M.R.SHAH, B.V.NAGARATHNA
State of Haryana – Appellant
Versus
Shiv Shankar Construction Co. – Respondent


Advocates appeared:
For the Appellant(s) :Shyam Divan, Alok Sangwan, Sr. AAG Sumit Kumar Sharma, Anurag Kulharia, Monika Gusain, Advocates
For the Respondent(s):Ranjit Kumar, Mohit Paul, Vikrant Singh Bloria, Bikram Dwivedi, Sushant Tomar, Advocates

JUDGMENT :

M. R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 03.11.2015 passed by the High Court of Punjab and Haryana at Chandigarh in FAO No. 4482 of 2011 (O&M), by which the High Court has dismissed the appeal preferred by the appellant herein under Section 37 of the Arbitration and Conciliation Act, 1996, the State of Haryana has preferred the present appeals.

2. At the outset it is required to be noted that while issuing notice in the present appeals, this Court has stayed the award exceeding Rs.1,03,50,263/- insofar as claim Nos.1 and 8 are concerned.

3. The facts leading to the present appeals in a nutshell are as under :-

3.1 That the appellant herein awarded the contract to respondent No.1 herein – contractor for strengthening, upgradation and maintenance of road from Palwal to Hasanpur, Haryana for a length of 31.17 kilometres on certain terms and conditions as per the contract entered into between the parties. The contract was for Rs.5,26,59,688/-. That as per the design calculation data, the specifications as prepared by the appellant department were meant for 3364 traffic intensity PCU (Passenger Car Unit)/day. The contract was

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