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2020 Supreme(Cal) 308

ARINDAM SINHA
Board Of Trustees Of The Port Of Calcutta – Appellant
Versus
Marino Dredg Co. (p) Ltd. – Respondent


Advocates Appeared:
Mr. Hirak Mitra, Sr. Adv. Mr. Nilay Sengupta, Adv. Ms. Swati Agarwal, Adv, for the Appellant; Mr. P.K.Das, Sr. Adv. Mr. Amitava Mukherjee, Adv. Mr. Rajesh Jana, Adv, for the Respondent

JUDGMENT

Arindam Sinha, J. - This arbitration petition is for setting aside award dated 3rd November, 2003. Parties to the arbitration had entered into agreement for dredging/excavation of approach channel and basin project of shore based pilot station at Sagar Island. The agreement was pursuant to award-debtor having accepted tender of award-holder, for doing said work as to be completed and handed over in satisfactory condition. Work was to be done within 18 calendar months from date of receipt of work order. Consideration payable was provided in the agreement, which included fixed consideration and rates, for construction of fencing, protection and dredging.

2. Two claims of award-holder stood awarded, along with interest. The first claim is for pending bills and the second, for refund of security deposit. Arbitrator found work had been completed. Award-debtor had admitted receipt of bills under first claim awarded. Award-debtor, at material point of time did not raise any objection regarding those bills. The first claim was awarded on bills due, found to be in respect of work actually executed. The second claim, for refund of security deposit, was awarded on Arbitrator finding,

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