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1982 Supreme(Cal) 155

A.K.SEN, S.N SANYAL
State of West Bengal & Des – Appellant
Versus
Anil Kumar Bhuiya – Respondent


Advocates:
Advocate Appeared:
A.N. Banerjee, Tapan Kumar Sen Gupta for the petitioners;
A.K. Motilal, Samir Kumar Sen for the opposite party.

JUDGMENT

Anil K. Sen, J.

The respondents in a proceeding under S. 20 of the Indian Arbitration Act arc the petitioners before us in this revisional application. The revisional application is being heard on notice to and on contest by the opposite party to this application who was applicant before the court below.

2. The opposite party entered into a contract on June 6, 1981 with the State of West Bengal, petitioner no.1 before us, for relaying and raising the water main under the Durgapur Interim Water Supply Scheme. The estis mated value of the contract work was Rs.92.168.00 but the tender value was Rs.57,144.00. Before the opposite party could take up the work, dispute arose between the parties. While the petitioners accused the opposite party of having failed to take up the work without any reasonable cause, the opposite party accused the petitioners for not fulfilling their part of the contract as a result whereof he could not undertake the work. In such a situation the petitioners rescinded the contract on November 30, 1981. Since the contract incorporated an arbitration clause, the opposite party filed an application under S. 20 of the Arbitration Act before the learned Subord














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