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2019 Supreme(HP) 1119

JYOTSNA REWAL DUA
Tarun Mahindroo – Appellant
Versus
H. P. Power Corporation Limited – Respondent


Advocates Appeared:
Suneet Goel, Adv., Sunil Mohan Goel, Adv.

JUDGMENT :

Jyotsna Rewal Dua, J.

Feeling aggrieved against the award passed by the learned Arbitrator, instant petition under Section 34 of the Arbitration and Conciliation, Act 1996, has been preferred by the petitioner/claimant. The main point to be adjudicated in this case is:-

    whether loss of profits and over heads on account of prolongation of the contract, can be awarded merely on the basis of Hudson formula without the claimant leading any evidence, be it oral or documentary in respect of loss, damages suffered by him.

2. The factual position of this case, can be summarized as under:-

    2(i) The respondent awarded construction work of 'Bachelor Accommodation at Sunder Nagar, District Mandi (Civil Work, Internal WS, SI and Electrical Installation)' to the petitioner/claimant vide letter of award dated 25.07.2011 (Annexure C-1). The contracted value of the work was Rs.1,96,03,299/-. The work was to be completed within 18 months from 21st day after issuance of letter of award dated 25.07.2011. Annexure C-2, contained the terms and conditions governing the contract duly executed

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