CALCUTTA METROPOLITAN DEVELOPMENT AUTHORITY Vs. GOURANGA LAL CHATTERJEE

JUDGEMENT

(1.) IN each of the above Award Cases the Calcutta Metropolitan Development Authority hereinafter referred as "C.M.D.A." has filed this application for setting aside the two Awards both dated. 24.5.89 made and published by Shri B. C. Mitra and Shri J. K. Dasgupta, the Joint Arbitrators. The Award in the matter of Award Case No. 617 of 1989 relates to a contract for construction of Eastern Metropolitan Bye-Pass and that of Award Case No. 618 of 1989 relates to a contract for construction of Barrackpore-Kalyani Express High Way. For the contract in connection with Eastern Metropolitan Bye Pass and Park Circus Connectors the claim of the Contractor-respondent was Rs. 55,80,895.78 in respect of the items of the claim which are mainly for alleged additional work done, loss for idle labours and escalation of prices of diesel, lubricant and petrol during the execution of the works.

(2.) IN the matter of contract for construction of Barrackpore-Kalyani Express High Way an additional amount of Rs. 39,65,472.98 on different counts which are also for alleged extra work done for loss of idle labours and for extra costs for the escalation of prices of diesel, lubricating oil etc. have been claimed.

(3.) THE petitioners C.M.D.A. in both the petitions have raised the common questions of law challenging both the Awards on the same grounds. THE following are the main grounds on which the A-ward have been challenged