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2022 Supreme(SC) 370

M. R. SHAH, B. V. NAGARATHNA
Vishram Varu & Co. – Appellant
Versus
Union of India, represented by the General Manager, South Eastern Railway, Kolkata – Respondent


Advocates appeared:
For the Appellant :Pijush K. Roy, Kakali Roy, Rajan K. Chourasia, Advocates

JUDGMENT

M.R. Shah. J.

Feeling aggrieved and dissatisfied with the impugned order dated 19.03.2021 passed by the Calcutta High Court in Arbitration Petition No. 748/2019, by which the High Court has dismissed the said application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 1996 Act'), preferred by the appellant herein, the original applicant has preferred the present appeal.

2. That the appellant herein was issued work order in the year 1982. That the work was executed in the year 1986. According to the appellant herein, he executed excess quantity of work beyond the schedule quantity of work to be done. Therefore, he was entitled to the additional amount for the excess quantity of work done. It is the case on behalf of the appellant that a lot of correspondence was made by the appellant, however, the amount due and payable with respect to the excess quantity of work done was not paid. The appellant through letter dated 31.05.2018 requested the General Manager of South Eastern Railway to release the amount due or refer the dispute to the arbitrator under clauses 63 & 64 of General Conditions of Contract (GCC) under the 1996 Act, ho


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