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2024 Supreme(Jhk) 23

SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
Executive Engineer, Water Ways Division No. 1, Chakradharpur, Water Resources Department – Appellant
Versus
Modi Project Ltd. – Respondent


Advocates Appeared:
For the Appellant : Mr. Sachin Kumar, AAG-II.
For the Respondent:Mr. Ajit Kumar, Senior Advocate, Mr. Shresth Gautam.

JUDGMENT :

Anubha Rawat Choudhary, J.

This appeal has been filed challenging the judgment dated 27.01.2020 passed by the learned District Judge I – cum - Commercial Court, East Singhbhum, Jamshedpur in Original Suit No. 09 of 2018. By the impugned judgment, the petition filed by the appellant for setting aside the award passed in favour of the respondent (hereinafter referred to as the claimant) has been dismissed; the Arbitral Award was signed by the learned Arbitrator on 08.02.2017.

2. The matter was referred to the sole Arbitrator vide order dated 18.10.2013 passed by this Court in Arbitration Application No. 24 of 2010 under section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act of 1996).

3. The following chart gives the summary of the claims of the claimant and the extent to which each one of them was allowed/disallowed by the learned Arbitrator :

Claims of the Claimant

Claims allowed/rejected

Claim no. 1- Claim for final bill for the amount of Rs.21,83,789/-.

Allowed to the extent of Rs.20,00,090/-

Claim No. 2- claim

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