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1980 Supreme(Cal) 409

SABYASACHI MUKHARJEE
DAS CONSULTANTS (P) LTD. – Appellant
Versus
NATIONAL MINERAL DEVELOPMENT CORPORATION – Respondent


Advocates Appeared:
BHASKAR SEN, BHOLA NATH SEN, Shivaji Sen, T.K.BASU

SABYASACHI MUKHERJI, J.

( 1 ) THIS is an application under Section 33 of Arbitration Act, 1940 for determination of the existence of the arbitration agreement mentioned in paragraph 2 of the petition. This petition is made by a firm, formerly known as Atkins Das Private Limited. Subsequent to the filing of this petition, originally there was an affidavit affirmed on behalf of the petitioner on 4th July 1980 by one Ramkrishna Majumdar wherein it was stated that the subject matter of the claim was over Rs. 50,000/ -. There was a further supplementary affidavit on behalf of the petitioner affirmed by the same deponent Ramdrishna Majumdar, wherein it was stated that the Court also determine the effect of the arbitration agreement and declare that the instant arbitration agreement covered the disputes relating to work done in pursuance of the letter of intent dated 28th April, 1972 as amended on the 24th April, 1972 as also the disputes relating to work done after the arbitration agreement came into existence. It appears that he petitioner, which was formerly known as Atkins Das Private Ltd, was appointed as a Consultant for detailed engineering civil and structural works connected with












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