9911796707
TMI Blog2017 (7) TMI 1250X X X X Extracts X X X X X X X X Extracts X X X X ..... Appeal and the Review Petition were respectively dismissed. 3. Brief facts need mention to appreciate the controversy involved in these appeals. 4. The Respondent-a Government agency at Pune invited tenders for construction of "sports complex" at Pune. The Appellant-Company was one of the tenderers whose tender was accepted and accordingly the Appellant-Company was awarded contract for the said work. 5. According to the Appellant, they completed the work in terms of the Agreement dated 26.05.2003 and submitted the bills for the work done but the amount claimed in the bills was not paid by the Respondent. This led to rising of the disputes between the Appellant and the Respondent regarding the non-payment of some bills of the Appellant. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ections Under Section 34 of the Act being Civil Misc. Application No. 36 of 2007. The District Judge, by order dated 16.11.2007, allowed the Respondent's application in part and modified the award by reducing the awarded sum from Rs. 25,64,490/- to Rs. 7,15,544/- and in so modifying also gave some directions. 9. Felt aggrieved, the Appellant filed appeal Under Section 37 of the Act before the High Court. By impugned order, the learned single Judge dismissed the appeal giving rise to first filing of the review petition by the Appellant and consequent upon the dismissal of review, it gave rise to the filing of these appeals by way of special leave by the Appellant(claimant) against the main order and review order. 10. Heard learned Coun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and in appeal in support of their respective contentions. 14. In our considered view, in order to appreciate the factual and legal controversy involved in the lis, the least which was expected of was that the order which decides the lis between the parties should have contained the brief facts of the case so as to know as to how the factual controversy arose and the grounds on which the action is impugned, the stand of the parties impugning and defending the action, the submissions of the parties in support of their stand, legal provisions, if any, applicable to the controversy involved in the lis, and lastly, the brief reasons as to why the case of one party deserves acceptance or rejection, as the case may be. 15. This enables the sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the District Judge is legally sustainable calling no interference therein. If the High Court decided to embark upon the merits of the appeal then it should have recorded findings by dealing with all the issues arising in the case. It was, however, not done and hence it calls for interference by this Court. 20. In the light of foregoing discussion, we cannot countenance the approach and the cryptic reasoning of the High Court and are, therefore, constrained to set aside the impugned order and remand the case to the High Court for deciding the appeal afresh on merits in accordance with law. 21. Since we have formed an opinion to remand the case, we have refrained from recording any finding on merits on any of the issues arising in the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
