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2001 Supreme(MP) 73

BHAWANI SINGH, ARUN MISHRA
Seth Mohanlal Hiralal – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
V.R.Rao,

Judgment

( 1. ) THE petitioner filed a Reference-petition before the Madhya Pradesh Arbitration Tribunal with respect to a dispute arising out of the contract for construction of canal aquadect at Channel 235 on Palakmati river. The estimated cost was Rs. 37. 44 lacs and the tendered cost was Rs. 52. 43 lacs. The period for completion was 18 months i. e. upto 11-10-79. The petitioner claimed that an amount of Rs. 5. 60 lacs be paid to him on account of the difference in amount for using black trap instead of hard metal in all the items of concrete 14000 M. A further sum of Rs. 3. 50 lacs was claimed on account of the loss suffered due to abnormal reduction in quantities of cement concrete 1:3:6 in foundation and superstructure. Interest at the rate of 12% per annum was also claimed. Another claim was added by way of an amendment during the Pendency of the Reference-petition before the Arbitration Tribunal. The amount of final bill Rs. 81,900/- was also claimed with interest. The petitioner restricted interest to Rs. 80,000/- only. Thus, a sum of Rs. 1,61,900/- was claimed on account of the outstanding dues of final bill.

( 2. ) THE allegations were denied by the respondents. The case








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