IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVISION No.197 of 2017

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1.

The State Of Bihar, through the Principal Secretary, Road

Construction Department, Government of Bihar, Patna

2. The Principal Secretary, Road Construction Department, Government

of Bihar, Patna

3. The Engineer in Chief, Road Construction Department, Government

of Bihar, Patna

4. The Chief Engineer, (Yatayat), Road Construction Department,

Darbhanga

5. The Superintending Engineer, Road Construction Department, Road

Circle, Saharsa

6. The Executive Engineer, Road Construction Department, Road

Division, Saharsa

Respondent/ Revisionist Petitioners

Versus

M/s Madan Kumar Singh, a partnership firm having its registered office at

Naya Bazar, P.S.- Sadar Saharsa, District Saharsa through its one of the

partners, namely, Sri Gopal Kumar Singh, aged about 36 years, son of Sri

Ram Nandan Prasad Singh, Resident of Naya Bazar, P.S. Sadar Saharsa,

District, Saharsa

Petitioner / Claimant Opposite Party

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Appearance :

For the Petitioner/s

:

Mr.Dinesh Maharaj

For the Respondent/s

:

Mr.

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CORAM: HONOURABLE MR. JUSTICE S. KUMAR

ORAL JUDGMENT

Date : 24-04-2019

I.A. No.7348 of 2017:

This interlocutory application has been filed for

condoning the delay of 5 months 17 days in preferring this

revision application.

For the reasons as stated in the interlocutory

application, this court is satisfied that petitioners were prevented

from sufficient cause from filing this revision petition within

time. As such, the delay in filing the revision petition is

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condoned.

I.A. No. 7348 of 2017 stands allowed.

Civil Revision No.197 of 2017:

Heard.

This civil revision application has been filed by State

of Bihar and its authorities against the Award dated 20.1.2017

passed in Reference Case No.83 of 2016 passed by the Bihar

Public Works Contracts Disputes Arbitration Tribunal, Patna

(hereinafter referred as “the Tribunal”) whereby the Tribunal has

allowed claim of opposite party for payment of Rs.46,46,457/-

with simple interest @ 10% per annum from the date of filing.

Claimant /opposite party and respondents/petitioners

had entered into agreement no.10 SBD of 2010-11 to execute

the work of N.H. 107 refugee colony to Tiwari Tola, Jhappa

Tola Road, total length 5.65 kilometer for the year 2010-11 at

estimated cost of Rs.4,62,18,217/- and date of commencement

was 28.8.2008 and date of completion was within 9 months, i.e.

27.5.2011.

Case of claimant / opposite party before the Tribunal

was that while executing the work the Dumri Pool collapsed and

in place of completing the work within 9 months, it was

completed on 5.1.2013. Project was also delayed as there was

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encroachment at working site and Executive Engineer wrote to

Electrical Executive Engineer, Saharsa to remove the electric

pole and also to SDO, Sadar Saharsa to remove the

encroachment from the work site and same was removed after

22 months, i.e., 25.6.2012 and for aforesaid reasons, the

Engineer-in-Chief extended the time of completion till 5.1.2013

by letter dated 26.4.2013. Technical approval of the work was

accorded on 10.1.2011 after 5 months from the date of

commencement which was also one of the prime reasons in

delay of execution of work.

Completion of work was delayed due to reasons

beyond the control of claimant and it was not attributable to

him. After completion of work, claimant / opposite party on

28.5.2013 asked for payment of price escalation under the

provisions contained in Clause 10 CC of the SBD but same was

returned to claimant to make a claim under 10CA. Claimant /

opposite party made claim under different heads. Claimant