SABYASACHI MUKHARJI, J.

( 1 ) THIS is an application under Section 20 of the Arbitration Act, 1940. Jiwnani-Engineering Works Pvt. Ltd. , the plaintiff herein carried on and still carries on business as Railway Contractor and Engineer having its office at 75/c, Vivekananda Road, Calcutta. Pursuant to an invitation to tender by the defendant, the South Eastern Railway, the plaintiff duly submitted a tender for execution of earth work in formation, bridge works, buildings and other miscellaneous works in connection with the doubling of the railway tracks from Hijli to Balasore on the east coast of the South Eastern Railway. It is the case of the plaintiff that the plaintiff duly executed all the works under the agreement. Disputes arose and the same were referred to arbitration. The disputes referred contained as it appears from Annexure-A to the petition claims, inter alia, as follows :"3. Earthwork in embankment. Final bill prepared by XEN as per actual cross-section vide pages 2115 to 2135 of M. B. No. 2/bkd/kcp-3,66,923 Cft @ Rs. 76. 23 p. per 1000 Cft. Rs. 25,683. 44 (This amount should have been Rs. 27,208. 24 as per contractor's claim. "

( 2 ) THE arbitrators held sittings on

Click Here to Read the rest of this document