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2006 Supreme(Cal) 407

V.S.SIRPURKAR
SHANKAR TRADERS – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
KUMKUM DAS, N.R.Mukherjee

V. S. SIRPURKAR, C. J.

( 1 ) THIS is an application under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act), for appointment of an arbitrator. There was a contract between the petitioners herein and the union of India, represented by Divisional engineer (Co-ordination), Eastern Railway, sealdah. The petitioner company was awarded a contract of lifting of track from km 5/25 to km 8/21 all four lines, and PQS station limit for provision of ballast cushion with other ancillary works at a cost of Rs. 12,33,968/ -. This contract was awarded to the petitioner company vide letter dated 14th april, 2004. The work was to be completed within four months from the date of Issue of the contract. In pursuance of this offer an agreement was executed on 13th september, 2004. It seems that the petitioner company's claim is that due to default and breaches on the part of the respondents the execution of the work was prolonged and the extensions were also granted by the respondents without any penalty and when the work in question was successfully executed to the extent of 90% before the expiry of the extended period, a notice was sent to the petitioner co















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