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2020 Supreme(Cal) 123

MOUSHUMI BHATTACHARYA
State Of West Bengal – Appellant
Versus
Pam Development Private Limited – Respondent


Advocates Appeared:
Jishnu Chowdhury, Advocate, Ratul Das, Advocate, Paritosh Sinha, Advocate, Tirthankar Das, Advocate, Arindam Mondal, Advocate, Aniruddha Mitra, Advocate, Dhilon Sengupta, Advocate, Madan Mohan Roy, Advocate

JUDGMENT

Moushumi Bhattacharya, J. - The impugned Award under challenge in this application under Section 34 of The Arbitration and Conciliation Act, 1996 (the Act) is of a learned Sole Arbitrator and is dated 21st January, 2010.

2. The disputes and differences between the parties arose out of a contract relating to a "Special Repair Programme 2000-2001" for different stretches of the National Highway-II under the Hooghly Highway Division No. II, for which the petitioner published a tender and the respondent was selected as the successful bidder. A formal work order was issued by the petitioner in favour of the respondent on 26th March, 2001 and the work was to be completed within a period of six months under the contract. Due to disagreements arising between the parties, the respondent invoked the arbitration clause in the contract by its letter dated 20th June, 2003 and the learned Sole Arbitrator was appointed thereafter in an application under Section 11 of the 1996 Act.

3. The respondent herein was the claimant before the learned Arbitrator. The respondent made several claims including for hire charges of land for installation of machinery, camp office, etc., idle charges for p

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