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MADHYA PRADESH HIGH COURT
*Sanjay Yadav, Sunil Kumar Awasthi, JJ.
Viva Construction Co. v. State of Madhya Pradesh and Others
| Table of Content |
|---|
| 1. facts leading to the legal dispute. (Para 1 , 2) |
| 2. arguments surrounding compliance with contract provisions. (Para 3 , 4) |
| 3. court's interpretation of clause 29's implications. (Para 9 , 10 , 12) |
| 4. ratio surrounding procedural adherence related to appeal rights. (Para 11 , 13) |
| 5. final decision regarding entitlement and modification of the award. (Para 15 , 16) |
1. Petitioner vide this Revision under S.19 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 (for brevity "Adhiniyam, 1983") takes exception to the Award dated 27.11.2015 passed by the Madhyastham Adhikaran, whereby while finding the petitioner entitled for Award of Rs.25,84,203/-, non - suited the petitioner on the finding that the Appeal is not in consonance with the stipulations contained under Clause 29 of the Agreement, as such not tenable under S.7B of the Adhiniyam, 1983.
2. Relevant facts giving rise to controversy briefly are that the petitioner entered into works contract with respondents on 02.01.2009 for construction of Kunwarpur to Burda road under district Shivpuri under CRF Scheme. The amount of tender was Rs.665.00 lacs. The tender was accepted @ 14.30% below schedule of rates (S
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