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1970 Supreme(Del) 168

PARKASH NARAIN
Union of India – Appellant
Versus
Tribhuwan Das Lalji Patel – Respondent


Advocates:
Brijbans Kishore with J.P. Gupta, for Appellant; A.B. Saharia, for Respondent.

Judgement

JUDGMENT :- This appeal is directed against the order of Shri N. C. Gupta, Sub Judge 1st Class, Delhi whereby the objections filed by M/s. Tribhuwan Das Lalji Patel to an award made by Shri Ram Labhaya were accepted and the award was not made a rule of the Court.

2. The facts leading up to the award were that a contract for the supply of Indian Teak Sleepers of specified sizes at a specified rate was entered into between the Union of India and M/s. Tribhuwan Das Lalji Patel of Bhavnagar. The contracted goods had to be supplied to the Union of India on monthly basis from June, 1952 onwards and the total quantity was to be supplied by 31st December, 1952. The contract entered into by the Union of India was subject to its Supply Department's general conditions of contract contained in a printed booklet known as form W. S. B. 133. These general conditions, inter alia, contained an arbitration clause under which in case of a dispute between the parties and differences arising between them the same were to be referred to the arbitration of two arbitrators, one to be appointed by each of the contracting parties and in case of disagreement to an umpire for his adjudication. Dispute






















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