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1962 Supreme(Cal) 174

R.S.BACHAWAT, K.N.LAL
UNION OF INDIA – Appellant
Versus
BUNGO STEEL FURNITURE (PR. ) LTD. – Respondent


Advocates Appeared:
G.P.KAR, RAMAN DUTT, S.B.MOOKERJEE, Samaren Sen, SUBIMAL ROY

BACHAWAT, J.

( 1 ) THIS is an appeal by the Union of India from an order refusing to set aside an award. The disputes arise out of two contracts being A. T. 1000 dated November 30, 1944 and A. T. 1048 dated June 25, 1945 between the Government of India and the respondents Messrs. Bungo Steel Furniture (Pr.) Ltd. Both contracts contain the usual arbitration clause embodied in Clause 21 of the genera) conditions of contract in Form No. W. S. B. 133 for reference of any question or dispute arising in connection with the contract or arising under the conditions thereof. The claims and the counter claims of the parties under the two contracts were referred to the arbitration of the umpire Sir Rupen Mitter. The award of the learned umpire is dated September 2, 1959. The umpire found that the contract No. A. T. 1000 was for the supply of 4700 bins at Rs. 107/2/6 per bin inclusive of the price of steel, in respect of the supply under contract No. A. T. 1000 the Government of India agreed to pay an extra Rs. 4/12/6 per bin for extra partition. The contract No. A. T. 1048 was for the supply of 2000 steel bins at Rs. 132/8/- per bin inclusive of the price of steel. The umpire found that on F

















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