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HIGH COURT OF JAMMU & KASHMIR AND LADAKH
HON'BLE MR. JUSTICE SANJAY DHAR
M/S C. R. ENGINEERING CONSTRUCTION PVT L – Appellant
Versus
STATE OF JKTHROUGH CHIEF ENGINEER P.D.C – Respondent
AA/9900001/2013
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
M.A No. 144/2013 &
AA No. 9900001/2013
Reserved on: 21.10.2022
Pronounced on: 02.02.2023
State of J&K
M/S C.R.Engineering Construction Pvt. Ltd.
...Appellant(s)
Through:- Mr.M.A.Chashoo, AAG
V/s
M/S C.R.Engineering Construction Pvt. Ltd.
State of J&K
...Respondent(s)
Through:- Mr.Manzoor Ahmad Dar Advocate
With Mr. Javaid Advocate.
Mr. Z.A.Shah Sr. Advocate with
Ms. Humaira Shafi Advocate
Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE
JUDGMENT
1.
By this common judgment, two appeals, one filed by the
State of Jammu and Kashmir through Chief Engineer, Power
Development Corporation (M.A No.144/2013) and the other filed by
M/S C.R. Engineering Construction Pvt. Ltd., (AA No.9900001/2013)
against the judgment and decree dated 11.06.2013 passed by the Court
of Additional District Judge, Srinagar (hereinafter referred to as the
„District Court‟), are proposed to be disposed of.
2.
The instant appeals owe their origin to an award dated
31.08.2005 passed by the Arbitral Tribunal that was challenged by
2
both the parties by filing objections thereto before the Court below
where the award was submitted by the Arbitral Tribunal for making it
rule of the Court in terms of the provisions of Jammu and Kashmir
Arbitration Act, Svt. 2002 (hereinafter referred to as the „Old Act‟).
Vide the impugned judgment and decree, the District Court, after
modifying the award passed by the Arbitral Tribunal to a certain
extent, made it rule of the Court.
3
The impugned judgment and decree of the District Court
has been assailed by both the parties by filing instant appeals in terms
of Section 39 of the Old Act. Before coming to the contentions raised
in the appeals, let me give a brief backdrop of the facts leading to filing
of these appeals.
4.
Tenders were invited by the Government of Jammu and
Kashmir for construction of Water Conduction on Sumbal Link
Channels and Power House Construction as per the Tender Notice
No.USHP-II/CE/3 of 1987 dated 30.11.1987. After invitation of the
tenders, the following works under various orders were allotted to M/S
C.R. Engineering Constructions Pvt. Ltd., Vishakhapatnam, Andhra
Pradesh (hereinafter referred to as the „Contractor‟):
S.No.
Name of Contract by
Govt./Chief Engineer
Construction of water
conductor on Sumbal
Link Div.II
Reach No. Value of contract with
No.
and
date
of
Agreement
Date
of
completion
1. 1.Page
No.429
RD 6,690-7,000 m order
USHP II/CE/4 works of
1988 dated 29.02.1988
1st Reach
Rs.46.50
lacs
Agreement 26 of 88
dated 24.03.1988
30.06.1989
3
Page 429
2. 2.Page
429
RD 8,470-9,915 m Under
order No. USHP-II/CE/6-
works of 1988 dated
29.02.1988
2nd Reach
Rs.217.90
lacs
Agreement 24 of 88
dated 24.03.88
Page 429
30.11.89
3. 3.Page
429
RD
10,575-11,250
m
under Order No. USHP-
II/CE/5-works of 1988
dated 29.02.88
3rd Reach
Rs.188.00
lacs
Agreement 25 of 88
dated
24.03.88
Page
429
30.11.89
4. 4.Page
429
RD
12,630-13,125
m
under Order No. USHP-
II/CE/9-works of 1988
dated 29.02.88
6th Reach
Rs.204.75
lacs
Agreement 23 of 88
dated 24.03.88
Page 429
30.11.89
5.
6. 5.page
429
Power House Division
RD
14,000-14,610
m
under Order No. USHP-
II/CE/8-works of 1988
dated 29.02.88
8th Reach
Rs.118.60
lacs
Agreement 6 of 88
dated 24.03.88
Page 429
30.11.89
5.
Subsequently, the contractor was allotted another work of
„Wangath Link‟, namely WLD Rea
