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1991 Supreme(SC) 736

M.N.VENKATACHALIAH, S.C.AGRAWAL
Santokh Singh Arora – Appellant
Versus
Union Of India – Respondent


Advocates:
C.V.SUBBA RAO, KITTY KUMARAMANGALAM, S.N.TERDAL, V.C.MAHAJAN

JUDGMENT

S.C. AGRAWAL, J.:- The appellant was an Army Contractor. He entered into three contracts for building construction work with the Army authorities at Dehradun vide Agreements Nos. CWE/ DDN/ 34 dated December 3, 1966, GE/DDN/31 dated November 30, 1967 and CWE/DDN/35 dated December 15, 1967. These agreements contained a provision for arbitration in clause 70 whereunder all disputes between the parties to the contract other than those or for which the decision of the Commander Works Engineer (C.W.E.) or any other person was by the contract expressed to be final and binding, were required to be referred to the sole arbitration of an engineer to be appointed by the authority mentioned in the tender documents. Certain disputes arose between the appellant and the army authorities in relation to the performance of these contracts and the said disputes were referred to the arbitration of Lt. Col. L. K. Raisinghani who was appointed as arbitrator by the Chief Engineer (Northern Zone), Lucknow on December 18, 1968. The said arbitrator gave his awards in relation to those disputes on July 21, 1971. The. appellant, not satisfied with the said award, moved applications under Sections 30












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