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1999 Supreme(HP) 100

KAMLESH SHARMA, LOKESHWAR SINGH PANTA
HYDEL CONSTRUCTION LTD. – Appellant
Versus
H. P. STATE ELECTRICITY BOARD – Respondent


Advocates Appeared:
M/s. P. C. Markanda, Rajesh Markanda, Anand Sharma, Advocates, for Hydel Construction Limited, for the Appellants; Mr. K.D. Sood, Advocate, for the Himachal Pradesh State Electricity Board.

JUDGMENT

MS. KAMLESH SHARMA, J,—These two Cross Appeals (Nos. 239 of 1996 and 214 of 1996) are being disposed of by a common judgment as these arise out of the judgment dated 8.7.1996 of the learned Single Judge whereby Objections (OMP No. 348 of 1993) of the Himachal Pradesh State Electricity Board (hereinafter called "the Board) against the award dated 29.3.1993 were partly accepted, except for the amount awarded under claim No. 2 amounting to Rs. 75,08,919.27 and the other amounts awarded under claims No. 1 and 3 and the award of interest were set aside. Accordingly, in Civil Suit No. 79 of 1993, the award dated 29.3.1993 pertaining to the amount awarded under claim No. 2 was made rule of the Court and as a consequence thereof, a decree for Rs. 75,08,919.27 was passed in favour of M/s. Hydel Construction Limited (hereinafter called "the claimant") and against the Board.

2. The brief facts of the case are that for the construction of Under-ground Power House, Under-ground Switch Yard, Transformer Hall and Approach Tunnel of Sanjay Vidyut Pariyojna, Bhawa (120 MW) near Wangtu in Kinnaur District of Himachal Pradesh, Contract Agreement No. SVP-BCC-I-83-H dated 25.5.1983 was entered i

























































































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