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1994 Supreme(Del) 854

A.D.SINGH, M.JAGANNADHA RAO
INTERNATIONAL BIDG. AND FURNISHING COMPANY (CAL) PRIVATE LIMITED – Appellant
Versus
INDIAN OIL CORPORATION – Respondent


Advocates Appeared:
B.D.SHARMA, D.K.KAPUR, S.V.BAHADUR, V.N.KALRA

M. Jagannadha Rao

( 1 ) THIS is an appeal against the order of a learned Single Judge of this Court dated 19. 8. 1994. In a suit filed under Section 20 of the Arbitration Act, by the said order the learned Single Judge came to the conclusion that the arbitration clause requires "notified claims" alone to be referred to arbitration and in the present case the appellant does not have a "notified claim" which could be sent for adjudication by an Arbitrator. Hence the application was refused.

( 2 ) AGGRIEVED by the said order, the appellant has come up with this appeal. The brief facts of the case are that the appellant tendered for interior works (part II) furniture, furnishing etc. for construction of CMTI, Gurgaon, Haryana with the Indian Oil Corporation. A formal agreement dated 22. 7. 1993 was executed between the parties. The estimated value of the works was Rs. 77,71,667 based on schedule of rates annexed with letter dated 31. 3. 1993. The appellant was required to deposit a sum of Rs. 1,94,300 as security deposit being 2. 5% of the accepted value as stipulated under clause 2. 12 of the General Conditions of Contract. The appellant furnished bank guarantee for Rs. 1,94,300. Accor





















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