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1985 Supreme(Cal) 57

PRABIR KUMAR MAJUMDAR
E. AND N. E. F. RLY. CO-OP. BANK LTD. – Appellant
Versus
M/S. B. GUHA AND CO – Respondent


Advocates Appeared:
Bhaskar Gupta, Jayanta Mitra

PRABIR KUMAR MAJUMDAR, J.


( 1 ) THIS is an application under Ss. 30 and 33 of the Arbitration Act, 1940 for setting aside an Award dt. 11th July, 1983 made by a sole arbitrator in respect of disputes and claims arising out of Agreement No. PRE-34-A/ V-1 dt. 27th March, 1971.

( 2 ) THE respondent entered into an agreement being Contract No. PRE-34-4/ V-1 dt. 27th March, 1971 with the petitioner for construction, addition and alteration of the building at Nos. 34a and 34b Sashi Bhusan Dey Street, Calcutta. By a subsequent agreement dt. 30th June, 1972 the rates of work mentioned in the agreement dt. 27th March, 1971 were revised and the date of the completion of the work was extended till 15th September, 1972.

( 3 ) THE works under the said contract were completed on or about 31st March, 1973. By a letter dt. 23rd Aug. , 1973 addressed to the petitioner the respondent claimed from the petitioner the final bill amount of Rs. 40,950. 49 p. and refund of security deposit. By another letter dt. 8th Jan. , 1974 addressed to the petitioner the respondent made a further claim of Rs. 58,500/- under the head "other claims and dues". This figure was later on revised upon giving full particul

















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