Appeal by PHED against rejection of Section 34 objections to an arbitral award granting the contractor recovery and costs. The Division Bench held the appellants had prevented performance of the contract and declined to interfere with findings of fact, dismissing the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2025:RJ-JP:41725-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Civil Miscellaneous Appeal No.970/2022
----Appellants-objectors
Versus
M/s Ganesh Shankar Pandey And Company, Dharmashala Bajar, Gorakhpur, (U.P.)
----Respondent-Company
For Appellant(s) : Ms. Mahi Yadav, AAG with Mr. Kuldeep Singh Rathore, AAAG & Mr. Aaditya Godara, AAAG
HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order
13/10/2025
(2 of 4) [CMA-970/2022]
[2025:RJ-JP:41725-DB]
the respondent company was awarded the contract and agreement was executed between the appellants and the respondent on 27.10.1995 and work order was issued.
[2025:RJ-JP:41725-DB]
[CMA-970/2022]
(3 of 4)
respondent Company holding the respondent entitled to recover the amount from the appellants which they had recovered earlier. Remaining recovery was also waived off.
[2025:RJ-JP:41725-DB]
[CMA-970/2022]
(4 of 4)
appellants had created a situation where respondent could not perform the contract. It is also not a case where he has himself abandoned the work. The subsequent work allotted to another firm, would not make a difference so far as claim of the respondent before the learned Single Judge is concerned. The same applies to the Appellate Court too.
(BALJINDER SINGH SANDHU),J (SANJEEV PRAKASH SHARMA),ACTING CJ DANISH USMANI /01
2 issues framed by the court
Whether the Commercial Court correctly rejected objections under Section 34 against the arbitral award in the contractor's favour?
Whether the contractor abandoned the work so as to disentitle him from compensation under the award?
2 provisions across 1 enactments
The State Of Rajasthan Through Secretary, Public Health And Engineering Department, Jaipur
Additional Chief Engineer, Public Health And Engineering Department, Ajmer
Executive Engineer, Public Health Engineering Department, Bisalpur, Project Division III, Ajmer
M/s Ganesh Shankar Pandey And Company
Sanjeev Prakash Sharma
Baljinder Singh Sandhu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
