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1990 Supreme(AP) 424

M.JAGANNADHA RAO
Yelluru Mohan Reddy – Appellant
Versus
Rastriya Ispathnigam Ltd. , Visakhapatnam – Respondent


M. JAGANNADHA RAO, J.

( 1 ) THIS civil revision petition raises a question of importance regarding the scope of arbitration clauses which also contains sub-clauses excluding certain matters from the purview of arbitration and also a question relating to the application of Section 8 (2) of the Indian Arbitration Act, 1940 (hereinafter referred to as the Act ).

( 2 ) THE facts of the case are as follows :--The petitioner entered into a contract with the respondent. The Visakhapatnam Steel Project, on 31-3-1986. Earlier the petitioner was awarded the work on 30-12-1985 in a sum of Rs. 6,15,750/- and the work was to be completed in four months. It appears from the counter that certain meetings took place between the petitioner and the respondent on 7th, 21st and 28th March, 1986 and a revised programme has fixed up in which the petitioner agreed to complete the work by the end of May, 1986 which would mean that there will be a delay of one month in the completion of the work, it is the case of the petitioner that he could not proceed with the work inasmuch as contrary to an alleged assurance a reservoir was allowed to get filled up with water by the respondent and that the trenches whic




























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