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1988 Supreme(SC) 508

S.RANGANATHAN, SABYASACHI MUKHARJEE
Neelakantan And Brothers Construction – Appellant
Versus
Superintending Engineer, National Highways, Salem – Respondent


Advocates:
A.K.SEN GUPTA, A.V.RANGAM, V.BALACHANDRAN, V.KRISHNAMURTHY

Judgment

SABYASACHI MUKHARJI, J.:- These are petitions under Art. 136 of the Constitution seeking leave to appeal against the judgment and order of the High Court of Madras dated 31st July, 1987. The petitioner company undertook the work of widening and strengthening pavement in National Highway No. 7, Madurai-Kanyakumari Road from Reaches 37.6 k.m. to 213 k.m. on the Madurai-Kanyakumari Road and the work was divided into fourteen Reaches and 14 separate agreements were entered into between the petitioner and the Superintending Engineer, National Highways, Tirunelveli, respondent No. 3 to the present petitions. There is not much dispute on this point. At the relevant time, according to the petitioner, the Superintending Engineer, National Highways, Salem was one Thiru Mohan. He entered into reference. He took up the matter for arbitration and called for statements from the parties. Statements were filed before him and evidence was also adduced before him. But before he could complete the adjudication he was transferred and was succeeded by the Thiru J.R. Cornelius, Superintending Engineer. The contention of the petitioner in this case was that he had no jurisdiction to proceed and c




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