MADHYA PRADESH HIGH COURT
, J
State of Madhya Pradesh – Appellant
Versus
M/s. S.E.W. Construction Ltd. – Respondent
| Table of Content |
|---|
| 1. key facts regarding the origin of the dispute and initial claims. (Para 1 , 2) |
| 2. contractual clauses and state interpretations of relevant provisions. (Para 3 , 4) |
| 3. arguments related to prior claims and res judicata principles. (Para 5 , 6) |
| 4. limitation issues under statute vs. contract. (Para 7 , 8 , 9 , 16) |
| 5. concluding thoughts on the award and scope of review in arbitration. (Para 20 , 22 , 23) |
1. State of Madhya Pradesh through its instrumentalities has filed this Arbitration Revision being aggrieved by award dated 26.11.2008 passed in Reference Case No.6/08 by M.P. Arbitration Tribunal, Vindhyachal Bhawan, Bhopal, in the case of M/s. S.E.W. Construction Ltd. Vs. State of M.P. (Water Resources Department), whereby on the ground of expenditure incurred by the respondent in bringing sand from Mahuar river as per the terms and conditions of sanction granted by the Superintending Engineer in terms of the provisions contained in clause 3.11(A), Reference Case has been allowed and Arbitration Tribunal has directed to pay such difference amount on account of cost incurred by the contractor in bringing sand for the purpose of construction from a distant lead alongwi

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