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1983 Supreme(SC) 220

D.A.DESAI, R.B.MISRA, V.BALAKRISHNA ERADI
H. M. Kamaluddin Ansari And Company: Shankar Vijay Saw Mills – Appellant
Versus
Union Of India – Respondent


Advocates:
C.V.SUBBA RAO, D.C.SINGHANIA, GIRISH CHANDRA, J.P.Gupta, K.G.Bhagat, Mukul Mudgal, R.N.Poddar, RAJU RAMACHANDRAN, S.N.KACKAR

JUDGMENT

MISRA, J.:—These two connected appeals by special leave are directed against the judgment and order of the Allahabad High Court* and Delhi High Cour## dated 24th January, 1980 and 13th November, 1979 respectively. The first one arises out of proceedings under Section 20 of the Arbitration Act while the other arises out of proceedings under Section 33 of the Arbitration Act. Reported in AIR 1980 All 312.##Reported in (1980) 17 Delhi LT 179.

2. These appeals raise a common question regarding the interpretation of Clause 18 of the general conditions of contract contained in the standard form of contract entered into by the parties and the ambit and scope of Section 41 of the Arbitration Act. The facts giving rise to these appeals follow a common pattern and it would, therefore, be sufficient if we set out the facts relating to Civil Appeal No. 2863 of 1982 to bring out clearly the points which arise for consideration in these appeals.

3. The appellant in this appeal is a registered firm and carries an the business of manufacturing and selling timber. The Director General of Supplies and Disposals (for short DGS & D) functions as a purchase organisation for the Government of Ind














































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