LAWS(ORI)-2022-6-7

UNION OF INDIA Vs. LOKNATH BISWAL

Decided On June 30, 2022
UNION OF INDIA Appellant
V/S
Loknath Biswal Respondents

JUDGEMENT

(1.) Mr. Kashyuap, learned advocate appears on behalf of appellant. He submits, dispute between the parties is regarding interpretation of clause-7 in the contract. It relates to price variation. Contract period was for two years and extended by a month. The work was abandoned. The price variation clause cannot be invoked. However, he seeks adjournment to further analyze the clause and make submissions on adjourned date.

(2.) Mr. Patnaik, learned advocate appears on behalf of respondent and submits, there is no error in impugned judgment upholding the award. No ground under sec. 34, Arbitration and Conciliation Act, 1996 could be made out by appellant before the Court below. He relies on judgment dtd. 13/11/2021 of the Supreme Court in Civil Appeal no.6832 of 2021 (Panjab State Civil Supplies Corporation Ltd. and another v. M/s. Ramesh Kumar and Company and others) to submit, thereby law was declared on scope of sec. 37 appeal.

(3.) Adjournment granted is peremptory.