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2006 Supreme(Kar) 300

S.ABDUL NAZEER, B.PADMARAJ
GOVERNMENT OF KARNATAKA – Appellant
Versus
SHETTY CONSTRUCTIONS COMPANY PRIVATE LIMITED – Respondent


Advocates:
C.S.Patil, G.SUBBA RAO

S. ABDUL NAZEER, J.

( 1 ) THIS appeal arises out of a Judgment and Decree passed by the Civil Judge, Yadgir in a. C. No. 2/1991 dated 11-12-1992 whereby the award passed by the sole arbitrator dated 24-1- 1991 was made rule of the Court.

( 2 ) BRIEF facts of the case are as follows: the Government of Karnataka represented by the Executive Engineer I. D. , U. K. P. NLBC division No. 4, Kembhavi, Shorapur Taluk, Gulbarga District (hereinafter referred to as department) invited tenders for construction of Shahapur branch canal (balance work) in Upper krishna Project. M/s. Shetty Construction Company Private Limited, No. 13, Adarsha Nagar, hubli (hereinafter referred to as the 'claimant') emerged as a successful bidder and the claimant was allowed for execution of the work in terms of the agreement dated 14-2-1985. Since certain disputes and differences arose between the parties, the matter was referred to the adjudication of the sole arbitrator appointed as per the provisions contained in Clause 52 of the agreement.

( 3 ) SRI S. Puttappa, Superintending Engineer was appointed as the sole arbitrator. Pursuant to entering upon the reference by the arbitrator as per the notice dated 4-11



























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