Full Judgment Text
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CASE NO.:
Appeal (civil) 3763 of 2002
PETITIONER:
STATE OF WEST BENGAL & ORS
RESPONDENT:
SAHA & CO
DATE OF JUDGMENT: 27/02/2008
BENCH:
H.K. SEMA & MARKANDEY KATJU
JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL NO. 3763 OF 2002
After hearing learned counsel for the parties, we propose to dispose of this
appeal by a short order.
The grounds on which this appeal would succeed is that in the appeal
memo a specific ground is taken that after the acceptance of the final
measurement while accepting the Ninth Running Account Bill being the Final
Bill, no arbitrable dispute would remain between the appellant and the
respondent.
We have gone through the judgment rendered by the Division Bench. The
aforesaid ground raised in the memorandum of appeal and the other grounds
have not been dealt with by the Division Bench of the High Court. On this sole
ground, this appeal succeeds.
.......2.
- 2 -
This appeal is allowed. The impugned order of the High Court is set aside.
The matter is remanded to the High Court to dispose of afresh after dealing
with all the grounds mentioned in the memorandum of appeal.
The appellant may approach the High Court for an interim order.