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2023 Supreme(Pat) 156

KHATIM REZA
Classicon Construction I Pvt. Ltd. – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Uma Shankar Tiwary.
For the Opp. Parties : Mr. Sanjay Prasad, AC to AAG-4

ORDER

This Civil Revision application has been filed against the Award dated 26.09.2016 passed by the learned Tribunal, Bihar Public Works Contracts Disputes Arbitration Tribunal in Reference Case No. 104 of 2012 for setting aside the impugned Award in part.

2. The petitioner's case in short is that he being the lowest bidder was allotted “Earth work for Branch Canal II and Construction of Structure” from R.D.8.20 to 20.00 R.D. (Ex. 29.70 R.D.(L) of H.L.M.C) under Bateshwar Asthan Ganga Pump Canal Phase-I. The petitioner entered into an agreement with the Opposite Party-Executive Engineer on 20.03.2009. The agreement value for work was Rs. 3,60,28,141/-. The time of completion was eight months from the date of the work order. The opposite parties had issued the work order on 20.03.2009. The petitioner further submits that after receiving alignment and pre-level he started the work from 06.05.2009 with all its sources. The petitioner further claimed that he was provided pre-level measurement and alignment of the land, after lapse of more than two months. However, L-Section and Cross-section of the Earth work was not provided by the opposite parties even after the repeated request. The

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