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1986 Supreme(Cal) 456

PRATIBHA BONNERJEA
Calcutta Metropolitan Development Authority – Appellant
Versus
Prasun Roy – Respondent


Advocates Appeared:
Mr. Somenath Chatterjee, P. Roy Chowdhury and D. K. Basu ......for the Petitioner
Mr. A. C. Bhabra and Ahin Chowdhury ......for the Respondents

JUDGMENT

THE COURT : The petitioner entered into a contract with the respondent pursuant to the Tender No. DD/NY & AD/10 of 1980-81 for construction of various types of buildings under Baisnabghata Patuli Development Project, Group 'B'. The said contract contained an arbitration clause being Clause 25 thereof which provided that all questions and disputes relating to the said contract whether arising during the progress of the work or after completion thereof or abandonment of the same should be referred to the sole arbitration of the Director/Unit Head, C. M. D. A. not connected with the particular work as might be appointed by the Authority. Disputes and differences having arisen between the parties, Prasun Roy as the plaintiff took out the Special Suit No. 1 of 1983 under section 20 of the Arbitration Act for filing the arbitration agreement and starting a reference with the intervention of Court. In that application. Prasun Roy alleged that the director of an the units of C. M. D. A. had already expressed their opinion in respect of the disputes that had arisen between the parties and as they were the members of the Central Tender Committee, he had reasonable apprehension of bia



























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