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1999 Supreme(MP) 653

USHA SHUKLA, D.M.DHARMADHIKARI
P. K. Pande – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Kishore Shrivastava and Sanjay K. Agrawal, Advs.
For Respondents/Defendant: Naman Nagrath, Panel Lawyer

ORDER

D.M. Dharmadhikari, J.

1. This revision under Section 19 of the M.P. Madhyastham Adhikaran Adhiniyam, 1983 (hereinafter referred to as 'the Act' for short) has been preferred against the award of the Arbitration Tribunal dated 7-4-1997 whereby the claim preferred by the appellant/contractor has been dismissed in toto and the counter-claim preferred by the Irrigation Department through its Engineer and the State has been allowed by directing the contractor to pay a sum of Rs. 1,62,637/- (inclusive of interest) due upto the date of filing of claim i.e. 26-11-1996 and further interest at the contractual rate from 26-11-1996 on the outstanding amount of loan advanced in the sum of Rs. 94,658/-.

2. The facts not in dispute are that the applicant/contractor was awarded work for excavation of Chachai Distributary from Ch. 95 to Ch. 225 as part of the Bansagar Multipurpose River Valley Project. The contractor was sanctioned a total loan of Rs. 5 lacs for purchase of machinery which was an excavator/loader. The amount of advance was repayable with interest by the contractor and could be adjusted against the running bills. A sum of Rs. 69,000/- against the advance of 2 lacs for the sancti










































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