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2010 Supreme(Bom) 1638

P.B.MAJMUDAR, ANOOP V.MOHTA
Biwater Penstocks Ltd. – Appellant
Versus
Municipal Corporation of Greater Bombay – Respondent


Advocates Appeared:
For the Appellant:S.U. Kamdar, Senior Advocate, with D. Mehta, Snehal Shah & Smt. Pooja Patil, instructed by M/s. Dhruve Liladhar & Co., Advocates.
For the Respondents:K. Setelwad with R.D. Dhanuka, H.C. Pimple & Sirsikar, Advocates.

Judgment

P.B. Majmudar, J.

This appeal is directed against the judgment and order dated 14th February, 2002 passed by the learned single Judge in Arbitration Petition No. 124 of 1994 by which the learned single Judge remitted the matter to the Arbitrator for de novo consideration.

2. The facts in a nutshell are as under.

3. A contract was entered into between the appellant and the first respondent (hereinafter ‘the respondent”) for carrying out the work of manufacture, supply and delivery of 171 sluice gates and for supervision of erection and commissioning of the said gates at sites. Subsequently certain disputes arose between the parties. As per the terms of the contract, when a dispute arises, firstly a claim is required to be made before the Chief Engineer and thereafter the matter is to be sent to the Commissioner and subsequently a reference can be made to the Arbitrator. A sole Arbitrator was appointed in connection with the dispute in question and statement of claim was filed before the Arbitrator. The statement of claims contains the claims made by the appellant on 25 counts. Out of the 25 claims, an objection was raised on behalf of the respondent about 17 claims on the







































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