SHAKTI MUKHERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) The order impugned arises out of a challenge to an arbitral award. The challenge has been upheld and, by the order impugned, the award has been set aside; though only one of the heads of claim has been referred to in the order impugned and the other head completely glossed over.

(2.) The claim of the appellant was on account of additional costs incurred for hiring diesel generator sets to complete the construction of a railway overbridge. According to the appellant, the railways were obliged to provide the electricity at the site, which the railways failed to do. The appellant was constrained to hire diesel generator sets to undertake the work and the arbitral tribunal awarded the additional expenses that were incurred by the appellant in such regard.

(3.) It is necessary to see the letter of acceptance issued by the railways following the appellant's offer. The letter of the railways dated December 15, 1995 referred to a special stipulation in the tender documents which was modified as follows:- <FRM>JUDGEMENT_152_LAWS(CAL)6_2017_1.html</FRM>