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M/S National Highways Authority ... vs M/S Pcl-Stico (Jv) on 6 August, 2018

M/S National Highways Authority ... vs M/S Pcl-Stico (Jv) on 6 August, 2018


FAO(OS) 194/2017 Page 1 of 23


2. The disputes between the appellant and the respondent, which
have led to the present appeal, essentially revolved around filling of
two embankments in the carriageway, namely the Kalikhote bypass
from km (kilometre) 307 to km 309 and the Balugaon bypass from km
321 to km 339.042.


3. In respect of the Kalikhote bypass, the claim of the respondent
was that (i) while the section of the carriageway was to be handed
over, to the respondent, for work, in April 2002, it was actually
handed over only in April 2004, (ii) the initial plan was that the
cuttings available from the Kalikhote bypass area could be initially
utilised for embankment filling; however, owing to the delay in
handing over of the area till April 2004, only a small quantity of
50,000 m³ was made available in 2002, and the balance could not be
made available for want of finalisation of the revised layout and cross
sections, which were finalised by the appellant only in January 2004,





Source: IK

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