LAWS(TRIP)-2020-8-28

STATE OF TRIPURA Vs. RAMENDRA NARAYAN BHATTACHARJEE

Decided On August 18, 2020
STATE OF TRIPURA Appellant
V/S
Ramendra Narayan Bhattacharjee Respondents

JUDGEMENT

(1.) This appeal is filed by the State Government to challenge the judgment dated 21.08.2019 passed by the learned District Judge, Unakoti, in Title Suit No.02(ARB)/2018. By the impugned judgment, the learned Judge was pleased to confirm an arbitration award and reject the application of the State seeking setting aside of an arbitral award dated 30.04.2018.

(2.) The respondent-contractor was awarded work for raising and strengthening of embankment at a particular spot by way of construction.

(3.) The total value of the work was Rs.43,14,159/-. The work had to be completed within three months from 25th February, 2010. The work was, however, not over within the said period. The same was eventually completed after nearly 1 year and 10 months beyond the stipulated date of completion. The contractor sought arbitration for unpaid amounts in which he raised several claims. The Government opposed the claims. The Arbitrator rendered his award on 30.04.2018. He allowed some of the claims of the contractor. He held that the contractor was entitled to a sum of Rs.72,508/- towards final bill, Rs.46,960/- from the un-released security deposit. He also held that the contractor was entitled to a sum of Rs.2,78,000/- towards price escalation. He also held that the contractor would receive interest @ 9% on unpaid amount of final bill and withheld security deposit from 23.03.2016 till the date of the award and thereafter till payment.