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1983 Supreme(Del) 270

SULTAN SINGH
KERALA STATE CONSTRUCTION CORPORATION LIMITED – Appellant
Versus
NATIONAL BUILDINGS CONSTRUCTION CORPORATION LIMITED – Respondent


Sultan Singh, J.

( 1 ) THIS judgment will dispose of four applications under Section 41 of the Arbitration Act read with Order 39 Rule I and Section 151 of the Code of Civil Procedure for restraining the defendant from enforcing the guarantees furnished by the plaintiff. The plaintiff in the four Suits No. 211-A, 212-A, 213-A and 214-A of 1982 under Section Bread with Section 20 of the Arbitration Act prays for filing of the arbitration agreement in Court and for appointment of an arbitrator.

( 2 ) BRIEFLY the relevant facts are that National Building construction Corporation Limited, New Delhi (defendant) had entered into three contracts with the Public Housing Corporation on 2nd May, 1977, 3rd February, 1979 and 7th April, 1979 for the construction of (i) 1000 houses, (ii) school buildings, and (iii) public utility services in Beniwalid, Libya. On 17th October, 1977 the defendant entered into a sub-contract with plaintiff Vs. Kerala State Construction Corporation Limited, Trivandrum, a Government of Kerala Undertaking, by which the plaintiff agreed to construct 235 houses out of said 1000 houses (Suit No. 212-A/82 ). On 27th July, 1979 three sub-contracts were also executed betwe



















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