S.B.SINHA, V.V.S.RAO
Union of India – Appellant
Versus
Vungarala Constructions, Hyd. – Respondent
( 1 ) THE question which arises for consideration in these writ petitions is as to whether, in view of the purported no-claim certificate issued by the 1st respondent herein, an application under Section 11 (6) of the Arbitration and conciliation Act, 1996 (hereinafter referred to as "the 1996 Act") was maintainable.
( 2 ) IT is not disputed that the parties hereto entered into an agreement as regards work of diversion of Up line from Channel 169m (km 318/5) to Channel 3318m (Km 321/13) between Bisugirsharrif and potkapalli Station on Kazipet - Balarsha section construction of well foundation and substructure, superstructure with prestressed concrete girders deck slab, etc. , for rebuilding of bridge No. 66 as 27 x 18. 1630 M for Up main line across Manair river including earth work in approach in embankment on either side of the bridge including extension of minor bridge No. 65 and 67".
( 3 ) DISPUTES and differences having arisen between the parties, the same had been referred to a Departmental Committee. Allegedly thereafter the 1st respondent continued with the work and filed a no claim certificate. Despite the same a demand was made for referring the claim t
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