STATE OF WEST BENGAL Vs. SAHA & CO

JUDGEMENT

(1.) After hearing learned counsel for the parties, we propose to dispose of this appeal by a short order.

(2.) The grounds on which this appeal would succeed is that in the appeal memo a specific ground is taken that after the acceptance of the final measurement while accepting the Ninth Running Account Bill being the Final Bill, no arbitrable dispute would remain between the appellant and the respondent.

(3.) We have gone through the judgment rendered by the Division Bench. The aforesaid ground raised in the memorandum of appeal and the other grounds have not been dealt with by the Division Bench of the High Court. On this sole ground, this appeal succeeds.