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2001 Supreme(SC) 332

S.N.PHUKAN, S.RAJENDRA BABU
Bharat Coking Coal LTD. – Appellant
Versus
L. K. Ahluja And Company – Respondent


JUDGMENT

Rajendra Babu, J.-Two works were assigned by the appellant for construction of 108 and 72 units of B Type quarters at Karmik Nagar, Dhanbad pursuant to a tender notice dated 4/13.7.1981. After certain negotiations between the parties, two work orders were issued by the appellant to the respondent on certain terms and conditions mentioned therein valuing at Rs. 86,49,730/- and Rs. 57,64,368/- for the said two works on 14.3.1982 and two separate agreements were executed by the parties. The schedule dates for completion of the respective works were fixed as 24.3.1983 and 19.3.1983. The respondent sought for extension of time which was granted by the appellant. Disputes having arisen between the parties, the matter was referred to the sole arbitrator, Shri M.P. Sharma, the then Additional Chief Engineer. The arbitrator made two awards in respect of the two contracts on 14.5.1989, which were filed in the court of the Civil Judge on 12.6.1990 in two Title (Arbitration) Suits Nos. 37/86 and 40/86. The learned Civil Judge held that the notice for Title [Arbitration] Suit No. 37/86 had been served upon the appellant on 28.8.1990 and the objections filed on 14.9.1990 coul






























































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