R.C.LAHOTI, SUJATA V.MANOHAR
M. K. Shah Engineers And Contractors: Chabaldas And Sons – Appellant
Versus
State Of M. P. – Respondent
Judgment
R.C. Lahoti, J.-These two civil appeals have been preferred by two contractors feeling aggrieved by the orders of trial Court upholding the objections preferred by the respondent-State under Sections 16 and 30 of the Arbitration Act, 1940 and setting aside the awards given by the Arbitrator which orders have been maintained in revision by the High Court of Madhya Pradesh. The facts of the two cases are similar and the questions of law arising for decision are common. The two appeals have been heard analogously and are being disposed of by this common order.
2. The disputes relating to the two contracts are referable to construction of Barna Main Dam across River Barna, a tributary of Narmada near Bhopal. The entire work was divided into five groups namely 1 to 5. The main dam came under groups 1 and 2 consisting of blocks 1 to 23. Contract for construction of group No. 1 consisting of block numbers 1 to 10 was given to M/s. M.K. Shah, Engineers and Contractors, the appellant in Civil Appeal No. 5961 of 1983. Contract for construction of group No. 2 consisting of block numbers 11 to 23 was entered into with M/s. Chabaldas & Sons, Contractors. It appears that both the contra
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