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2017 Supreme(Del) 4274

RAJIV SAHAI ENDLAW
National Projects Construction Corporation – Appellant
Versus
Royal Construction Co. Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff : Mr. Anup J. Bhambhani, Sr. Adv. with Mr. Rajat Arora & Mr. Jaypreet Singh, Advs.

JUDGMENT :

1. The plaintiff, a Government of India enterprise, has instituted this suit, pleading i) that the plaintiff was awarded certain construction works by the State Organization for Food Industry, Baghdad, Iraq; ii) that the plaintiff, vide Agreement dated 29th June, 1982 appointed the defendant as a sub-contractor/associate of the plaintiff for execution of part of the aforesaid works; iii) that owing to certain disputes that arose between the plaintiff and the defendant, the defendant, invoked the arbitration clause in terms of its agreement with the plaintiff, and in which arbitration proceedings, the plaintiff, besides filing the reply to the claim of the defendant, also filed its counterclaim; iv) that the counterclaim No.1 of the plaintiff was for a sum of ID 1,39,811.00 relating to hire charges of equipment; v) that it was the case of the plaintiff therein that the plaintiff was to only provide four dumpers free of cost to the defendant and for any additional dumpers required by the defendant during the course of execution of the works sub-contracted to it, the defendant was to pay hire charges therefor to the plaintiff; however the ex-officials of the plaintiff illega





























































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