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2021 Supreme(Ori) 312

K.R.MOHAPATRA
Orissa Small Industries Corporation Ltd – Appellant
Versus
Coastal Mechanical & Engineering Industries – Respondent


Advocates Appeared:
J.K. Mohapatra, Advocate, S.P. Mishra, Advocate, P.K. Jena, Advocate, S. Mishra, Advocate, B. Mohanty, Advocate, D. Priyanka, Advocate, Ekta Agarwal, Advocate, M/S P K Jena, Advocate, N. Panda, Advocate, D.P. Mohapatra & P Das, Advocate

JUDGMENT

K.R. Mohapatra, J. - This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, 'the Arbitration Act') has been filed assailing the judgment and order dated 21.12.2011 passed by learned District Judge, Cuttack in ARBP No.2 of 2002, whereby he dismissed the Arbitration Petition filed by the present appellant under Section 34 of the Arbitration Act and confirmed the award dated 16.06.2001 passed by learned Arbitration Tribunal, Odisha, Bhubaneswar in Arbitration Case No. AAD- 8 of 1997.

2. Short narration of facts necessary for proper adjudication of this appeal are as follows:

    2.1 The respondent, which is a small scale industry (for short, 'the Contractor') was awarded with the contract for 'Structural Fabrication of C.C. Shop in SMS/inside the RSP' (Sub package No.104-3) by the appellant-Corporation (for short 'the Corporation'), which is a Government of Odisha Undertaking, registered under the Indian Companies Act, 1956, with certain terms and conditions mentioned in the work order under Ext.1. On completion of the work assigned, further work

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