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1988 Supreme(Cal) 389

PRATIBHA BONNERJEA
Deo Kumar Saraf – Appellant
Versus
Union of India – Respondent


JUDGMENT

This is an application for setting aside a speaking award dated 28.8.86. The petitioner entered into a contract with the respondent for certain construction works and a work order was issued by the respondent on 6.1.82. Subsequently a formal written contract was executed by and between the parties relating to the said contract. This contract contained an arbitration clause. The existence and validity of the contract and the arbitration agreement are admitted by the parties. The time to complete the work was admittedly extended till 25.2.83.

2. Disputes and differences having arisen relating to the said contract, the petitioner had to stop construction work due to nonpayment of his running bills as well as for other breaches of terms of the contract by the respondent. By a letter dated 4.2.83, the respondent directed the petitioner to show cause by 25 2 83 the delay in execution of the work. The petitioner showed cause by his letter dated 22.2.83. Thereafter the respondent by its letter dated 23.283 imposed penalty of Rs. 10,000/- on the petitioner and informed him that the said amount would be recovered from his security deposit. The respondent thereafter by its letter date

























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