H. K. BOSE, C. J.

( 1 ) THIS is an appeal from an order of A. N. Ray, J. dismissing an application for setting aside an award. The appellant is a company incorporated under the Indian Companies Act, 1913 and carries on inter alia the business of building and construction at 6 Hasting Street, Calcutta. The appellant entered into a contract in writing, dated the 30th December, 1954 with the President of India represented by the Acting Chief Engineer, Eastern Command, for construction of a Canteen-cum-Rest Room for the Gun and Shell Factory at Cossipore for a lump sum of Rs. 2,11,827 in accordance with the terms, conditions and specifications set out in the documents constituting the contract The work to he done under the contract consisted of dismantling or demolishing the existing structure and construction of Canteen-cum-Rest Room building complete with sanitary fittings, fixtures, etc. The time for completion of the entire work was twelve months from the date of handing over of the site and the contract also contained clauses for deviations or alterations in the work and also for suspension of execution of the work during its progress. There was also a clause providing for compen

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