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1999 Supreme(Bom) 302

R.M.S.KHANDEPARKAR
R. P. Souza and Co. by its partners – Appellant
Versus
Chief Engineer, P. W. D. and others – Respondent


JUDGMENT - R.M.S. KHANDEPARKAR, J.:---Since common questions of law and fact arise in both the applications, the same are heard together and are being disposed of by this common judgment and order.

2.Heard the Advocates for the parties and perused the records.

3.These are applications for appointment of Arbitrator in terms of section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter called "the said Act").

4.It is the case of the applicants that the second respondent awarded work of construction of B Type Quarters at Sada, Vasco-da-Gama to the applicants under Work Order dated 7th January, 1992. Though the work was completed in all respects by October, 1994, the final bill was not prepared and paid till October, 1998. Under the Agreement between the parties in relation to the said work, in terms of Clause 25 thereof, all disputes arising under the Agreement are required to be settled by way of arbitration. The applicants, by letter dated 8th October, 1998, called upon the respondents to finalise the account between the parties and to pay the amount claimed by the applicants within fifteen days from the date of receipt of the said letter. It was also made clear in the le



















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