State Of Orissa And Others vs M/S. Engineers & Builders Ltd
2022 Latest Caselaw 1398 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                              ARBA No.4 Of 2016
                            (Through hybrid mode)

        State of Orissa and others               ....           Appellants

                                                 Mr. P.P. Mohanty, AGA

                                     -versus-

        M/s. Engineers & Builders Ltd.,          ....          Respondent

BBSR Mr. S. Dwibedi, Advocate

CORAM: JUSTICE ARINDAM SINHA Order ORDER No. 16.02.2022

13. 1. Mr. Mohanty, learned advocate, Additional Government Advocate appears on behalf of appellants. He submits, judgment dated 10th September, 2015 made by Court of District Judge, Sambalpur requires interference in appeal.

2. On query from Court he submits, his first ground of challenge against the award (since appeal is continuation of the challenge) is regarding claim no.1. There was rate fixed for extra works not provided by the contract. The rates were fixed by 6th Supervisory Committee and 4th High Level Technical Committee. The Committees cannot be said to have been contracting parties to have modified it.

3. Regarding claim no.2 Mr. Mohanty submits, there could not have been interest granted for retention of security money. No such provision was there in the contract. Claim no.6 according to him is also not covered by four corners of contract. As such, this claim too

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could not have been awarded in favour of respondent.

4. Mr. Dwibwdi, learned advocate appears on behalf of respondent. He will be heard on adjourned date.

5. List on 23rd February, 2022.

(Arindam Sinha) Judge Sks