BANSAL CONSTRUCTION Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Leave granted.

(2.) By an Award of a sole Arbitrator dated 17.11.2011 as many as 15 claims were made aggregating to Rs. 2,99,00,000/-. Of these claims, 11 claims were granted. One such claim was claim no. 6 for which the Award granted a sum of Rs. 1,29,17,240/-. This claim was challenged in a Section 34 petition which was upheld by the learned District Judge stating that the Engineer- in-Chief had not raised any objection and two Committees had been appointed which found that the claim of the appellant before us was in order.

(3.) In an appeal under Section 37, the High Court interfered with the Award in question as well as the District Judge?s judgment and found that out of the dismantled material 20% could be reused, as a result of which claim No.6 which was awarded @ Rs. 1,29,17,240/- was reduced by 20% and Rs.1,03,33,792/-granted.