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M/S. HARISH CHANDRA & COMPANY Vs. STATE OF U.P. THR. SUPERINTENDING ENG.
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Showing posts with label
M/S. HARISH CHANDRA & COMPANY Vs. STATE OF U.P. THR. SUPERINTENDING ENG.
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Saturday, September 10, 2016
"An award shall not be set aside except on one or more of the following grounds." A fortiori, a reasoned award cannot be set aside unless it falls in any of the three sub-clauses (a) (b) and (c) of Section 30 of the Act 1940.= Since the respondent (State) disputed the appellant's claim on various factual grounds and hence the issue centered around to the questions as to whether the appellant did this work and, if so, how and in what manner and to what extent and lastly, what should be the rate at which the appellant should be paid, if it is held that the appellant has done the work. = appellant has done the work in question and, therefore, they were entitled to claim its price for the work done. Though the appellant, in their claim petition, claimed the money at the rate of Rs.30 per Cu M but the arbitrator did not accept the rates claimed by the appellant and instead awarded the amount to the appellant at the rate of Rs.12.97 per Cu.M. whether the High Court was justified in allowing the objections filed by the respondent (State) under Section 30 of the Act 1940 and thereby was justified in setting aside of the award passed by the sole arbitrator on the ground of "legal misconduct"?
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REPORTABLE IN THE SUPREME COURT OF INDIA ...
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