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1987 Supreme(SC) 558

G.L.OZA, SABYASACHI MUKHARJEE
Prasun Roy – Appellant
Versus
Calcutta Metropolitan Development Authority – Respondent


Advocates:
A.K.SEN GUPTA, D.P.MUKHERJI, G.S.CHATTERJEE, S.N.KACKAR, SHANKAR GOPAL PAGIRE

Judgment

SABYASACHI MUKHARJI, J. :- Special leave granted. This is an application challenging the order of the learned single Judge dt. 8th Dec. 1986 of the High Court of Calcutta. By the impugned judgment the said learned Judge has set aside the order dt. 19th April, 1983 of another learned single Judge on the ground, inter alia, that the first learned Judge, when she passed the order, acted without jurisdiction. There was an arbitration agreement. Clause 25 of the said Agreement, inter alia, was as follows :

Clause-25

"Except where otherwise provided in the contract all questions of disputes relating to the granting of specifications, designs, drawing and instructions hereinbefore mentioned and as to the quality of workmanship and materials used in the work or as to any question claims. rights, matters, or things whatsoever in any way arising out of or relating to the contract, designs, drawings, specifications, estimates, instructions orders or these conditions or otherwise concerning the work or execution or failure to execute the same where arising during the progress of the work or after completion or abandonment thereof was to be referred to sole arbitration of the Director / U


















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