STATE OF RAJASTHAN Vs. LEELADHAR DEVKINANDAN

JUDGEMENT

(1.) This Civil Misc. Appeal under Sec. 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Act of 1996') read with Ss. 5 and 13 of the Commercial Courts Act, 2015 has been preferred claiming the following reliefs:

(2.) Brief facts of the case, as placed before this Court by Mr.Manish Patel, learned Additional Advocate General assisted by Ms. Mehali Mehta, appearing on behalf of the appellant-State are that the respondent was awarded a contract as per Agreement no.4 in the year 1995-96 vide work order no. 1670 dtd. 16/6/1995 pertaining to 'Renewal with 20 MM on PMC on Hanumangarh - Rawatsar Pallu Road and Thalarka-Munda Road by Paver Finisher'; the work order as awarded was to the tune of Rs.35,17,994.00. The work was to be commenced on 1/7/1995, supposed to be completed within 11 months i.e. till 31/5/1996. Clause 45 of the Agreement, pertaining to the price escalation was in the draft, but stood consciously deleted at the threshold.

(3.) Thus, being aggrieved by the award dtd. 15/10/2011 and the order dtd. 5/7/2023, the appellant-State preferred the present appeal claiming the afore-quoted reliefs.