SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2009 Supreme(Cal) 622

S.S.NIJJAR, BISWANATH SOMADDER
Union of India – Appellant
Versus
Builders Corporation Pvt. Ltd. – Respondent


Advocates Appeared:
Pradip Dutta, Soumendra Nath Das, Samagatha Chatterjee for the appellant:
Dipak Basu, Ranjana Guha for the respondent.

JUDGMENT

Surinder Singh Nijjar, CJ.: This Letters Patent appeal has been filed challenging the judgment of the learned Single Judge dated 18th of December, 2007 whereby the learned Single Judge rejected the challenge to the award on the ground of lack of jurisdiction of the arbitrator in making the arbitration award and accepting the challenge to the award of interest.

2. At the outset we may notice that the challenge to the judgment of the learned Single Judge is limited to the findings on the issue of jurisdiction of the Arbitrator based on Clause 63(3)(a)(iii) of the General Conditions that governs railway contract.

3. We may notice here the relevant facts as pleaded in the arbitration petition. A tender enquiry was floated inviting tenders from various job contractors for execution of various jobs relating to Eastern Railways. The respondent participated in the tender and was duly awarded the contract. The tender submitted by the respondent was accepted after negotiations. A formal agreement entered into between the parties on 2nd November. 2000. It is not disputed before us that the contract was governed by General Conditions of Contract, 1969 together with up to date correction



































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top