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2024 Supreme(SC) 690

PAMIDIGHANTAM SRI NARASIMHA, PANKAJ MITHAL
Pam Developments Private Limited – Appellant
Versus
State of West Bengal – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Saurav Agrawal, Adv. Mr. Priyankar Saha, Adv. Mr. Sarad Kumar Singhania, AOR Mr. Anshuman Choudhary, Adv. Ms. Rashmi Singhania, Adv. Mr. Yash Singhania, Adv.
For the Respondent(s): Ms. Madhumita Bhattacharjee, AOR Ms. Debarati Sadhu, Adv. Ms. Srija Choudhury, Adv. Mr. Anant, Adv. Ms. Sajal, Adv.

JUDGMENT :

PAMIDIGHANTAM SRI NARASIMHA, J.

1. Leave granted.

2. State of West Bengal, respondent herein, issued a notice inviting tenders on 08.09.2010, for the widening and strengthening of Egra Bajkul road under the Tamluk Highway Division in Purbo Medinipur District and accepted appellant’s offer, leading to grant of a Work Order for the project to be completed within 18 months from 23.12.2010. The project got delayed by about five months, but the work was completed by 09.11.2012.

3. The appellant raised a bill for Rs. 77,85,290 and that was in addition to seven other claims under different heads, owing to alleged delays on part of the Respondent. As the respondent denied any liability, the dispute was referred to Arbitration for resolution.

4. The Arbitrator gave his award on 30.01.2018, holding the respondents are liable to the tune of Rs. 1,37,25,252, with interest. There were seven claims. Claim no. 1 related to loss of business, with respect to which Rs. 3,87,530 was awarded; claim no. 2 related to uneconomic utilization of plant and machinery, with respect to which Rs. 61,22,000 was awarded and claim no. 3 related to labour charges for uneconomical stoppage of work, with respec


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