Union Of India vs M/S. Loknath Biswal
2022 Latest Caselaw 2948 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                              ARBA No.40 of 2013
                             (Through hybrid mode)

            Union of India                        ....            Appellant

                                                      Mr. P.K. Parhi, ASG
                                                  Mr. S.S. Kashyuap, CGC
                                       -versus-

            M/s. Loknath Biswal                   ....          Respondent
                                                  Mr. A. Patnaik, Advocate

                     CORAM: JUSTICE ARINDAM SINHA
                                      ORDER

Order No.                            30.06.2022
   16.      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 section 34, Arbitration

and Conciliation Act, 1996 could be made out by appellant

before the Court below. He relies on judgment dated 13th

// 2 //

November, 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 section

37 appeal.

3. Adjournment granted is peremptory.

4. List on 7th July, 2022 under same heading, as prayed for

by Mr. Kashyuap.

(Arindam Sinha) Judge

Sks