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1977 Supreme(Cal) 380

SABYASACHI MUKHARJEE
Stresscon Engineering Co – Appellant
Versus
N. K. Roy Chowdhury – Respondent


Advocates:
Advocate Appeared:
Dipankar Gupta, P.K.Roy, S.Pal

JUDGMENT

1. THE subject matter of challenge in this application under the Arbitration Act. 1940, is an award of the Umpire dated 14th December, 1973. The said award arises out of the two agreements containing arbitration clauses. Both the said agreements are dated 25th July, 1970. It appears that on that date there was a job contract between the petitioner and the respondent. The respondent had entered into a contract with the government of West Bengal for construction of reinforced concrete pre-stressed bridge over the river Cossayee at sadargrat, Midnapore in the State of west Bengal in or about 1966. It is the case of the petitioner that inasmuch as the construction of the said bridge involved pre-stressed concrete works and inasmuch as the respondent was not capable of doing pre-stressed concrete works, the respondent had approached the petitioner for the purpose of execution of the said contract relating to and concerning pre-stressed concrete works including design approval of the design by P. W. D. Engineers of the Government of West Bengal, construction of the pre-stressed concrete girders and construction thereof. Prior to 25th July, 1970 there was exchange of correspondenc

























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