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2016 Supreme(UK) 436

SERVESH KUMAR GUPTA
State of Uttarakhand through Superintending Engineer, Haridwar – Appellant
Versus
Bansal Construction – Respondent


Advocates Appeared:
For the Appellant : Mr. B.S. Negi.
For the Respondents: Mr. S.K. Jain, Mr. Nikhil Singhal and Mr. Siddhartha Jain.

JUDGMENT :

Servesh Kumar Gupta, J.

1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) has been preferred assailing the judgment and order dated 19.8.2014 rendered by the District Judge, Haridwar, whereby the learned Judge has disallowed the objections under Section 34 of the Act pertaining to the claim no. 2, 3, 6, 7, 8, 9, 10, 11, 14 and 15. The objection of the State in respect of claim no. 1 has partly been allowed, while it has been allowed completely pertaining to claim no. 12. Feeling aggrieved, the State has come up in appeal before this Court.

2. It would be pertinent to lay down certain facts, shorn of unnecessary details. In the year 2008-09, tenders were invited by the appellant for construction and improvement of Manglore-Landhora Road in the wake of upcoming Kumbh Mela, 2010 in District Haridwar. The respondent floated its tender, which after due scrutiny was accepted by the Public Works Department (PWD) of the State and an agreement dated 28.6.2008 was reduced into writing depicting the whole terms and specifications of such contract. Total cost of the tender was Rs. 3,85,76,350/-. The work had to be initi













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