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2007 Supreme(Bom) 25

R.M.S.KHANDEPARKAR, D.Y.CHANDRACHUD
Union of India – Appellant
Versus
Ghanekar Builders & Chemicals Pvt. Ltd. – Respondent


Dr. D. Y. CHANDRACHUD, J.:- A Petition was instituted for challenging an arbitral award governed by the provisions of the Indian Arbitration Act, 1940. A learned Single Judge of this Court, by his Judgment and Order dated 18th November, 1997, did not find any merit in the grounds urged under Section 30 for impugning the validity of the award. An Appeal has been preferred against the Judgment of the learned single Judge in so far as the Court declined to accede to the challenges to the award.

2. On 27th May, 1983, the Chief General Engineer of the Western Railways awarded a contract to the respondents for the work of channelisation of the Mahim Creek. The work involved carrying out protection work for Railway Bridge No.20 between Mahim and Bandra. A formal document evidencing the terms of the contract was accordingly entered into between the parties. The Agreement dated 29th August, 1983, inter alia, contained a provision in regard to the arbitration of disputes. Disputes having been raised by the respondents, a Suit was instituted before this Court under Section 20 of the Arbitration Act, 1940. The Suit was dismissed by a learned single Judge of this Court on the ground that the cla









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