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2009 Supreme(SC) 1647

DEEPAK VERMA, V.S.SIRPURKAR
Indian Hume Pipe Co. Ltd. – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellants :K. Ramamoorthy, Sr. Adv., Ms. N. Shoba, Sriram J. Thalapathy and Adhi Venkataraman, Advocates for the Appellants.
For the Respondents:Mukul Kumar (for Milind Kumar), Advocate for the Respondents.

JUDGMENT

Deepak Verma, J.—

1. Leave granted.

2. This appeal arises out of order and Judgment dated 15.5.2007 passed by learned Single Judge of High Court of Judicature for Rajasthan, Jaipur Bench in SB Civil Miscellaneous Appeal No. 1631/2006, whereby and whereunder the appeal preferred by appellant herein under Section 39 of the Arbitration Act, 1940 (hereinafter shall be referred to as ‘the Act’) has been dismissed, which arose out of the orders dated 13.09.2005 & 26.11.2005 passed by District Judge, Jaipur in Arbitration Case No. 143/1998 & Misc. Arbitration Application No. 443/2005 respectively. .A. @ S.L.P.(C)No.14269/07

3. Thumb nail sketch of the facts of the case is as under:-

4. Respondent/State of Rajasthan had issued notice inviting tender on 03.01.1981 and 11.02.1981 for grant of contract for laying PSC pipeline in Kota Division. Appellant herein, pursuant to the said notice submitted its tender.

5. The tender of the appellant being lowest was accepted on 18.04.1982. The agreement, thereafter, was executed between the parties on 13.12.1982. The said Agreement contained an arbitration clause, to be invoked in case of any dispute arising between the parties.

6. Since a d






























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