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