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Calcutta High Court

National Highways Authority Of India vs Kaushalya Infrastructure Development ... on 23 April, 2019

Author: Arindam Sinha

Bench: Arindam Sinha

OD-10
                               ORDER SHEET

                                AP 374 of 2016

                     IN THE HIGH COURT AT CALCUTTA
                      Ordinary Original Civil Jurisdiction
                               ORIGINAL SIDE



            NATIONAL HIGHWAYS AUTHORITY OF INDIA
                           Versus
   KAUSHALYA INFRASTRUCTURE DEVELOPMENT CORPORATION LTD.
                              .

BEFORE:

The Hon'ble JUSTICE ARINDAM SINHA Date : 23rd April, 2019.
Appearance :
Mr. Joy Saha, Sr. Adv.
Mr. Aryak Dutt, Adv.
Mr. Dipankar Das, Adv.
... for petitioner Mr. Jaydip Kar, Sr. Adv.
Ms. Manju Bhutoria, Adv.
Ms. Shreya Chaudhury, Adv.
... for respondent The Court : Mr. Kar, learned senior advocate appears on behalf of respondent/award-holder and continues his submissions.
He refers to claim 5 awarded on account of idling depreciation costs. He submits, claim was for idle inventory during monsoons. This claim was made on basis of depreciation deduction rate allowed by Income-tax Authority. He refers to letter dated 11th June, 2009 issued by National Highways Authority of India to, inter alia, his client, in which was said that it must be 2 kept in mind laying of any black top should be avoided during rains. This was proof, of the period in which his client's inventory remained idle, tendered and accepted by the tribunal.
List next Tuesday i.e. on 30th April, 2019.
(ARINDAM SINHA, J.) RS