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1998 Supreme(Cal) 378

VINOD KUMAR GUPTA, BHASKAR BHATTACHARYA
STATE OF WEST BENGAL – Appellant
Versus
R. C. BANERJEE – Respondent


Advocates Appeared:
S.K.ABU ABBAS UDDIN, TAPAN CHANDRA DUTT

V. K. GUPTA, J.

( 1 ) THIS appeal is directed against the judgment/order dated 16. 9. 97 passed by the learned single Judge of this court (Sujit Kumar Sinha, J) whereby a decree in terms of an arbitration award has been passed. Facts leading to the filing of the appeal are that the respondent R. C. Banerjee had lodged claims with the arbitrator Shri R. M. Moitra in respect of Contract No. 57 of 1983-84 from the office of the Superintendent Engineer, public Works Department, Northern Circle, Govt. of West Bengal, Jalpaiguri. In a detailed speaking Award the said arbitrator awarded an amount of Rs. 25,04,520/- in favour of the respondent by allowing his various claims against the appellants. The arbitrator however had rejected all the counter claims of the appellants. The award was passed along with interest, including pendentelite interest. Whereas the principal sum award was Rs. 25,04,520/- the interest calculated was Rs. 34,25,360/ -. In the award the arbitrator had also awarded costs of Rs. 60,000/ -. Under the three heads therefore the following break-up of the amounts can be shown as having been awarded by the arbitrator in favour of the appellants; rs. 25,04,520/-rs. 34,25,36












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