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2023 Supreme(Raj) 104

ARUN BHANSALI, REKHA BORANA
Executive Engineer, Survey and Investigation Lift Division First, Rawatsar – Appellant
Versus
Ramewshwar Lal Manaram – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Pankaj Sharma, Dhairyaditya Singh Rathore.
For the Respondents: Harish Kumar Purohit, Shashank Joshi.

JUDGMENT :

REKHA BORANA, J.

1. The present appeal has been preferred against the order dated 25.01.2019 passed by the Commercial Court, Jodhpur (hereinafter referred to as ‘the learned Court below’) in Civil Misc. ‘A’ Case No. 46/2018 (NCV no. 32/2018) whereby the objections under Section 34 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act of 1996’) preferred by the appellant-State against the award dated 04.12.2014 passed by learned Arbitrator have been rejected. Vide the award, the learned Arbitrator had proceeded on to pass an award for an amount of Rs. 25,42,748/- qua price escalation in favour of the applicant-firm with interest @ 10% per annum and has proceeded on to reject the counter-claim as preferred by the non-applicants State Department.

2. The facts of the case are as under:

    An agreement was entered into between firm M/s Rameshwar Lal Manaram and the State for “Construction work of pumping station 3rd at Sahwa K.M. 63.200.” Vide the work order dated 27.10.1997, work valuing to Rs. 1,41,52,086/- was awarded to the applicant-firm and the stipulated peri


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