LAWS(MPH)-2019-5-197

STATE OF M.P. Vs. MADHUCON PROJECT LTD.

Decided On May 03, 2019
STATE OF M.P. Appellant
V/S
Madhucon Project Ltd. Respondents

JUDGEMENT

(1.) State of Madhya Pradesh through its instrumentalities has filed this Civil Revision being aggrieved by award dated 9th May, 2014 passed in Reference Case No.9/04 by M.P. Arbitration Tribunal, Vindhyachal Bhawan, Bhopal, in the case of M/s. Madhucon Project Ltd. v. State of M.P. (Water Resources Department), whereby reference case has been allowed partly.

(2.) This civil revision raises two issues namely eligibility of the contractor to claim extra lead for transporting sand from quarries of Mahuar river (villages Jhanda Survey Nos.1643 (5.74 hectares), 1669 (12.42 hectares), 2418 (5.78 hectares) and Chandrapatha survey No.300 (19.38 hectare) placing reliance on clause 2.25 of the agreement which reads as under :-

(3.) Learned counsel for the State submits that though claimant had claimed extra lead and other amounts under the following claims :-