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2003 Supreme(SC) 1106

V. N. KHARE, S. B. SINHA, A. R. LAKSHMANAN
Mallikarjun – Appellant
Versus
Gulbarga University – Respondent


ORDER

In response to the Notification issued by the Gulbarga University inviting tenders for construction of an Indoor Stadium, the appellant herein submitted his tender. His tender was accepted and on 21st May, 1993, an agreement was executed between the appellant and the respondent-University in connection with the work to be carried out by the appellant. The estimated cost of construction for the work order issued to the appellant was for Rs. 91,88,909-. It is not disputed that in pursuance of the work order, the appellant completed the construction. Certain disputes arose in relation whereto the appellant herein invoked the arbitration clause. It is not in dispute that the Superintending Engineer, P.W.D., Gulbarga Circle, Gulbarga, ex-officio, was named to decide such disputes. Before the Arbitrator, the parties filed their claims and counter claims. The University also filed certain counter claims. After hearing the parties, the Superintending Engineer, Gulbarga Circle, Gulbarga, who acted as an Arbitrator, gave the Award. However, no copy of the Award was furnished to the appellant as a result of which the appellant filed a petition under Article 226 of the Constitution of Ind







































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