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2016 Supreme(Cal) 505

SOUMEN SEN
State Of West Bengal – Appellant
Versus
Pam Developments Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioners: Mr. Jayanta Kr. Mitra, Mr. Samrat Sen, Mr. Paritosh Sinha, Ms. Manali Bose, Mr. Arindam Mondal
For the Respondents: Mr. Suman Dutta, Mr. Priyankar Saha, Mr. Amritam Mandal

JUDGMENT :

Soumen Sen, J.

This is an application for setting aside of an arbitral award dated 6th April, 2011 in connection with disputes arising out of the work of “Widening and strengthening of Nilgang-Santoshpur-Duttapukur-Golabari-Aminpur Road from 0.00 KMP to 28.85 KMP under Barasat Highway Division No.II in the District of North 24 Parganas. NABARD-RIDF-VII Sl. No.9(c) for Duttapukur-Golabari Road under Barasat Highway Division No.-II, Group No. from 14.30 KMP to 16.08 KMP” under Notice Inviting Tender No.8 of 2002-2003 of the Superintending Engineer, State Highways Circle No.-I, Tender NO.83 of 2002-2003 of the S.E., S.H.C. No.-I, P.W. (Roads), Directorate.

2. The contract was awarded on 26th November, 2012. The estimated value of the work was Rs.2,34,88,891 out of which half of the work amounting to Rs.1,17,44,464 was awarded to the petitioner. The time for completion of the work was 12 months with effect from 2nd December, 2002 and expiring on 1st December, 2003.

3. The project was overrun by five months.

4. The claim in the arbitration proceeding is essentially for this










































































































































































































































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