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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.

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       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.