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SUMAN SHYAM
Union of India – Appellant
Versus
Railtrack Concrete Products Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. S Chakraborty
For the Respondent: Mr. S J Sarma

JUDGMENT :

1. Heard Mrs. U. Chakraborty, learned Special Senior Railway Counsel, N.F. Railway, appearing for the appellants. I have also heard Mr. S. J. Sarma, learned counsel representing the respondent.

2. This appeal preferred by the N.F.Railway authorities under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter, in short, the Act of 1996) is directed against the judgment and order dated 08.12.2010 passed by the Court of learned District Judge, Kamrup at Guwahati in Misc. (Arb.) Case No.621/2007 dismissing the application filed by the appellants under section 34 of the Act of 1996 praying for setting aside the arbitral award dated 17.09.2007 passed by the sole arbitrator, Sri Abhay Misra, FA & CAO/F&B, N.F.Railway, in Arbitration Case No.2/2007.

3. The facts of this case lie in a narrow compass and can be briefly noticed as follows. The respondent herein had entered into a contract agreement bearing No.CON/S-L/836 dated 5.10.2004 with the appellant for execution of the contractual work viz., "manufacture and supply of prestressed Monoblock Concrete Sleepers

























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