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2008 Supreme(Bom) 434

C.L.PANGARKAR
Jimmy Construction Pvt. Ltd. , NAGPUR – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate appeared:
Mr. A.S.Jaiswal, Advocate for the appellant.
None for the respondents.

ORAL JUDGMENT:

1. This appeal is preferred by the original applicant to the application under Section 34 of the Arbitration and Conciliation Act, 1996, which came to be rejected by the District Judge.

2. The facts giving rise to this appeal are as under –

The appellant/applicant is a Contractor while respondent/N.A.1 is Indian Railway. Non-applicants no.2 to 4 are the Arbitrators. Non-applicant no.1 invited tenders for Gauge Conversion of Railway Line running between Gondia and Jabalpur. The tender cost was Rs.33,87,212/-. The tender of the applicant was accepted. The work was to be completed within period of twelve months from 31/12/1999 and the agreement was executed on 1/4/1999. The agreement provides that if a dispute arises between the parties, it will be referred to the Arbitrators. It is the allegation of the applicant/appellant that due to the hindrance caused by the officials of non-applicant no.1, there was a delay in completion of the work. However, the time was extended up to 31/12/2001. The applicant could complete the work worth Rs.8,76,631/-. Thereafter, it is alleged that non-applicant no.1 refused permission to applicant no.1 to commence the work of

































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