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1972 Supreme(Cal) 26

RAMENDRA MOHAN DATTA
Life Insurance Corporation of India – Appellant
Versus
M. L. Dalmia – Respondent


Advocates:
Basu, for Applicant; Bhabra, for Respondent.

Judgement

ORDER :- This is an application for an order that the award dated April 29, 1971 be declared null and void and/or be set aside.

2. The facts are that on or about 1955 the then National Life Insurance Company Limited (hereinafter called the said company) accepted the tender of the respondent for the construction of a building at New Delhi. The work orders were issued and the respondent was asked to commence the work on the understanding that the formal contract would be issued in due course. In the matter of the said agreement the petitioner's architects Messrs. Ballardie, Thompson and Matthews acted as the agent of the petitioner all throughout. The petitioner from time to time made various payments against the running bills submitted by the respondent on the certificate of the said architects in terms of the said agreement. In 1956 the Life Insurance Corporation of India came into existence and the said Corporation duly took over the said contract on behalf of the said National Insurance Co. Ltd.

3. The building was admittedly completed in April, 1959. On or about October 7, 1959 the respondent made out the final bill wherein it claimed for the balance price of work by calc

































































































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