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1963 Supreme(Cal) 109

P.C.MALLICK
RANJIT CHANDRA MITTER – Appellant
Versus
UNION OF INDIA (UOI) – Respondent


Advocates Appeared:
A.C.BHABRA, Salil Roy Chaudhary, SOMENATH CHATTERJI, SUBIMAL ROY

P. C. MALLICK, J.

( 1 ) THIS is an application for injunction. The object is to restrain the Union of India from accepting a tender for works of any other Contractor in respect to which the petitioner alleges to have a subsisting contract with the Government The application is made under the Indian Arbitration Act. There is no arbitration fending, though it is alleged in the petition that there is a dispute which is covered by the arbitration clause and the petitioner has already claimed that the disputes should be adjusted by arbitration. The petitioner is a contractor, and the contract subsisting between him and the Government is evidenced by an A/t dated March 16, 1960. The subject matter of the contract is construction works at Bon Hooghly. The estimated cost of the works is Rs. 5, 88, 938/ -. The petitioner took up the construction works and from time to time Was paid on the running bills a total sum of Rs. 1,30,000/ -. The time within which the works were to be completed has long past. The petitioner's case is that the responsibility for the delay in completion is on the Union of India. It may be stated that the Government found fault with the construction of certain pillars













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