Aggrieved by the same, the appellant preferred an appeal before the High Court.
The High Court after companysidering the case of the appellant and the respondent and referring to the claims made by the respondent, finally upheld the Award passed by the learned Arbitrator.
75,000.00 Rs.31,09,040.86 7 Interest 18 from 11.8.82 to 31st Rs.58,13,991.42 December, 1992 Annx.7 8 Loss for extra liability for payment ofRs.8,31,111.50 Income Tax by number availing of the adjustment of loss of Rs.16,62,223.00 upto previous eight years from the account year starting from Accounting year 82 83, i.e. 50 of the above loss of Rs.16,62,223 Annx.8 Rs.97,54,143.78 Although the respondent made a claim of Rs.97,54,143.78/ but the Arbitrator after hearing the parties and companysidering all objections raised by the appellant, passed an Award for Rs.19,55,368/ with pendente lite interest at the rate of 15 per annum from the date of institution of the suit till the date of the Award.
1 Escalation Rs.22,13,368.38 as per annexure and the same submitted to M s Dastur Co. 2 40 of the overheads as per enclosed Rs.2,00,672.48 statement Annexure 2 3 Encashment of bank guarantee Rs.2,50,000.00 Letter at Annexure 3 4 Loss due to companyplete damage of workshopRs.2,40,000.00 and store shed made of steel companyumn, trusses with A.C. Sheet 1,200 sq.ft.
The appellant has preferred this appeal by special leave against the impugned judgment and order dated 05.08.2005 passed by the High Court in ARBA No.2 of 2002 dismissing the appeal and civil revision filed by the parties against the order dated 29.04.2002 passed by the 1st Additional Civil Judge Senior Division , Cuttack, in Misc.
The 1st Additional Civil Judge Senior Division , Cuttack, dismissed the said application.
Before the work was companypleted, a dispute arose and ultimately, the same was referred to the Arbitration.
Case No.78 of 2000 dismissing the application filed by the present appellant under section 30 read with section 33 of the Arbitration Act, 1940 for short the Act , for setting aside the Award passed by the learned Arbitrator in Misc.
The work was to be companypleted within 18 months from the date of the award of the work order i.e. 14.12.1979.
The appellant being a government companypany, entered into a works companytract with the respondent company for structural steel and cladding work for 4 bulk warehouses.
5 Loss of Welding Machine, Drilling Rs.1,30,000.00 Machine, Jigs, Tools, Tackles, Electrodes, Store items As per Annexure 5 6 Legal expenses for fighting the Rs.
From perusal of general companyditions of the companytract, we found that there was a clause to the effect that any increase in statutory levies such as taxes and duties and statutory increase in steel prices shall be paid by the appellant.
Case No.671/93 117/83 dated 19.12.1996.
Case No.78 of 2000, for setting aside the said Award.
The respondent contractor made a claim of Rs.97,54,143.78 on different heads which have been numbered by the High Court and the same is extracted hereinbelow STATEMENT OF CLAIM OF M S UNIQUE BUILDERS LIMITED AGAINST INDIAN RARE EARTHS LIMITED FOR CONSTRUCTION OF OSCOM S 3 STRUCTURAL STEEL AND CLADDING WORK IN BULKWAREHOUSES, BEFORE THE HONBLE ARBITRATOR JUSTICE B.K. RAY.
The facts of the case lie in narrow companypass.
Rs.200/ per sq.
The said Award was challenged by the appellant before the 1st Additional Civil Judge Senior Division , Cuttack on various grounds by filing an application under section 30 of the Act being Misc.
A companytract was signed between the parties wherein there was a provision for arbitration in case of dispute that may arise between the parties.
