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1989 Supreme(Del) 109

B.N.KIRPAL
JAGDISH CHANDER – Appellant
Versus
HINDUSTAN VEGETABLE OILS CORPN – Respondent


Advocates Appeared:
J.K.SIBAL, R.L.PAL

B. N. KIRPAL, J. (Oral ).

( 1 ) THIS judgment will dispose of the objections filed by the respondents to the award dated 15th September, 1986 given by the Sole-Arbitrator in favour of the petitioner.

( 2 ) BRIEFLY stated, the facts are that the petitioner and respondent No. 1 entered into a contract dated 12th November, 1984 whereby certain civil works had to be executed by the petitioner. It appears that the work to the petitioner was awarded by respondent No. 1 on the recommendations of the respondent s Architects M/s. M. R. Wareekar and Associates Private Limited.

( 3 ) AFTER the award of the work the petitioner entered upon the site and started working. The gross value of the work was Rs. 1,87,22,415. 00 In order to assist the petitioner, and in terms of the contract, a mobilisation advance of Rs 56,16,724. 00 was given by respondent No. 1 to the petitioner. This advance was not to bear any interest and was adjustable against the bills of the petitioner. After 50 per cent of gross work had been done.

( 4 ) ACCORDING to the petitioner, he had done work worth Rs. 67,79,059. 00 and because payments were not being made by respondent No. 1, he stopped working with effect from 30th A































































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