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2003 Supreme(HP) 22

K.C.SOOD
STATE OF HIMACHAL PRADESH – Appellant
Versus
AMAR NATH & SONS – Respondent


Advocates Appeared:
Mr. P.M. Negi, Assistant Advocate General for the Applicant; Mr. J.S. Bhogal, Senior Advocate with Mr. Suneet Goel, Advocate, for the Non: applicant.

JUDGMENT

Kuldip Chand Sood, J.—These objections under Section 34 of the Arbitration and Conciliation Act, 1996, hereinafter referred to as the "Act" are laid by the State of Himachal Pradesh through the Executive Engineer, Nalagarh Division of the Himachal Pradesh Public Works Department.

2. It appears the work "Upgradation and Improvement of State Arterial road, i.e., Swarghat Nalagarh Maranwala road Km. 0/0 to 55/700 SH: Correction of existing carriageway 7.00 Mtrs. width including extra admissible width on curves with metal ling and tarring complete, providing mixed seal surfacing in the proposed entire carriageway on 7.00 Mtrs. including extra admissible width pm curves and providing road side drains as per standard design in Km. 31/540 to 39/870" was awarded to respondent-Contractor Amar Nath and Sons, Dharampur by an agreement between the parties for tendered amount of rupees 1,17,38,077. The stipulated date of commencement of the work was January 24, 1996 and the work was to be completed on or before January 23, 1997. A dispute regarding certain claims arose between the parties, which were referred to the Superintending Engineer, Arbitration, of the Himachal Pradesh Public Wo






















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