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2002 Supreme(AP) 835

N.V.RAMANA
Kusuma Constructions, Vijayawada – Appellant
Versus
Union of India, rep. by the General Manager, South Central Railay – Respondent


N. V. RAMANA, J.

( 1 ) THIS is an application filed by m/s. Kusuma Constructions, Vijayawada, seeking appointment of Sole Arbitrator to adjudicate the claims arising out of the contract Agreement No. 110/den/i/ bza/90 dated 25-12-1990 entered into between the Applicant and the South central Railway.

( 2 ) THE Applicant was allotted the work proposed trolley path in through yard and nry yard to facilitate C and W staff to attend repairs to wagons etc" by the South central Railway, vide acceptance letter dated 12-12-1990 at a value of Rs. 2,87,762. 00 and the period of completion of the work was three months from the date of acceptance i. e. , 12-3-1991 and to be maintained for two months. According to the applicant, the Respondent-Railways asked the applicant to slow down the work as they were expecting change of cement concrete to black topping. Due to this, the applicant sought for extension of currency of the contract upto 30-11-1991 without penalty and the respondent agreed for the same. The applicant asked the respondent-Railway to pay + 35% above SSR or close the contract and pay the final bill for the work done stating that it suffered loss due to the above said change. By let









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