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1997 Supreme(Del) 245

M.K.SHARMA
STHAPATI ENGINIRS AND BUILDERS – Appellant
Versus
CENTRAL BUILDING RESEARCH INSTITUTE – Respondent


Advocates Appeared:
A.K.SIKRI, MUKUL ROHTAGI, Piyush Sharma, RALLUT GUPTA

M. K. Sharma

( 1 ) DISPUTES having arisen between the parties to the Contract entitling "fabrication of R. C. C. Channel Units for School Building Project, C. B. R. I. , Aligarh", the same were referred to the sole arbitration of the respondent No. 2.

( 2 ) THE respondent No. 2 entered into the reference and on receiving evidence on record and on hearing the parties made and published his award on 30. 6. 1984 grantingasumofrs. 28,930. 00 tothepetitionersand Rs. 13,890. 00 to the respondent No. I in terms of their counter-claim. The Arbitrator further passed an award awarding simple interest @ 9% per annum from 1. 4. 1977 to 30. 6. 1984 on the net amount of the award in favour of the petitioners with the stipulation that if the respondents did not make the payment as awarded to the petitioners within 45 days from the date of publishing the award, a simple interest @ 12% per annum would be payable to the petitioners from the date of expiry of 45 days.

( 3 ) THE petitioners filed a petition in this Court under Sections 14 and 17 of the Arbitration Act praying for a direction to the respondent No. 2 to file the award and the records of the arbitration proceedings and also for making the







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