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2025 Supreme(Online)(Cal) 9469

CALCUTTA HIGH COURT
STATE OF WEST BENGAL AND ANR – Appellant
Versus
SAMBHU NATH GHOSH AND CO – Respondent


IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE Before:

The Hon’ble Justice Arijit Banerjee And The Hon’ble Justice Om Narayan Rai APO 108 of 2024 With AP 654 of 2011 State of West Bengal & Anr.

Vs.

Sambhu Nath Ghosh & Co.

For the State/Appellants : Mr. Dhruba Ghosh, Sr. Adv.

Ms. Nilanjana Addhya, Adv.

Mr. Paritosh Sinha, AOR, WB Mr. Arindam Mandal, Adv.

Mr. Altamas Alim, Adv.

For the Respondent : Ms. Noelle Banerjee, Adv.

Ms. Nairanjana Ghosh, Adv.

Hearing Concluded on : 19.05.2025 Judgment on : 17.07.2025 Om Narayan Rai, J.:-

1. This is an appeal under Section 39 of the Arbitration Act, 1940 (hereafter “the said Act of 1940”) against a judgment and order dated August 16, 2024 passed by a learned Single Judge of this Court in AP 654 of 2011 whereby the challenge thrown to an award under Section 30 read with Sections 33 and 41 of the said Act of 1940 has been repelled.

2. Shorn of unnecessary details, the case run in the statement of claim is as follows.

(a) The appellant had issued a notice inviting tender bearing no. 17 of

1983-84 for construction of an eight storied building with foundation of sixteen storied building at Alipore Collectorate Compound at an estimated c

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