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2009 Supreme(SC) 1469

MARKANDEY KATJU, ASOK KUMAR GANGULY
BHARAT DRILLING AND FOUNDATION TREATMENT PRIVATE LIMITED – Appellant
Versus
STATE OF JHARKHAND – Respondent


Advocates who appeared in this case:
P.S. Mishra (NP), Rakesh Dwivedi and S.B. Upadhyay, Senior Advocates (Santosh Mishra, Manoj Kumar and S. Chandra Shekhar, Advocates) for the Appellant;
Ashish Mohan and B.B. Singh, Advocates, for the Respondents.

ORDER

1. Heard learned counsel for the parties. These appeals have been filed against the common impugned judgment and order dated 14-7-2003 of the Tharkhand High Court whereby the arbitration appeals filed by the State of Tharkhand have been partly allowed. Since these appeals arise out of the common impugned judgment and order, the same are being disposed of by this common order.

2. The facts in detail have been given in the impugned judgment and order of the High Court and hence we need not repeat the same here. The case relates to the Arbitration and Conciliation Act, 1996. It appears that a there was a dispute between the parties to the contract and the matter was referred to an arbitrator, who gave three different awards since three contracts were involved in the dispute. The said awards are dated 30-9-2000. The said awards were made rule of the court by orders dated 8-1-2002 of the SubJudge, Hazaribagh. Against the said orders dated 8-1-2002 of the Sub-Judge, Hazaribagh, three appeals were filed before the High Court under Section 37 b of the Arbitration and Conciliation Act, 1996 (hereinafter for short referred to as "the Act"), which have been partly allowed by the common i













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