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2012 Supreme(Cal) 870

PRASENJIT MANDAL
National Council of Science Museums (NCSM) – Appellant
Versus
Bridge & Roof Company (India) – Respondent


Advocates Appeared:
For the Petitioner:H.K. Mitra, S. Som, D.K. Mondal, Advocates.
For the Respondent:S.N. Mookherjee, D. Basak, P. Gorai, P. Mishra, Advocates.

JUDGMENT

Prasenjit Mandal, J.

1. Challenge is to the award/order dated May 18, 2010 passed by the Advisor of Law Minister, Ministry of Law and Justice, New Delhi being the Appellate Authority in Appeal No.6 of 2007.

2. Three separate agreements dated March 18, 1994, September 7, 1994 and July 6, 1995 were the subject-matters of the arbitral award and then orders passed in appeal against the order of the arbitral Tribunal are now under consideration before this Court.

3. The first agreement dated March 18, 1994 lays down in Clause No.44 to the effect that all questions and disputes relating to the meaning of the specifications, designs and other matters relating to claim, right, matter or thing whatsoever arising out of the contract, etc., shall be referred to the sole arbitration of a person nominated by the Director General, National Council of Science Museums and if the former is unable or unwilling to act to the sole arbitration, of some other person appointed by the Director General, NCSM willing to act as such arbitrator and the submission shall be deemed to be submission to arbitration under the meaning of the Arbitration Act, 1940.

4. The second agreement dated September 7, 1















































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