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2023 Supreme(Gau) 119

MALASRI NANDI
Union Of India – Appellant
Versus
Jyoti Forge And Fabrication – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr H P Guwala
For the Respondent: Mr. M Biswas

JUDGMENT :

Heard Mr. B.K. Das, learned counsel for the appellants. Also heard Mr. M. Biswas, learned counsel for the respondent.

2. This appeal has been preferred by the appellants under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 (hereinafter for brevity as Arbitration Act, 1996) against the order dated 20.01.2022 passed by the learned District Judge, Tinsukia in Misc(J) Case No. 5/2020.

3. The brief facts of the case is that the respondent was found successful in tender process initiated by the appellant/Railway for execution of works “Provision of Separator made of ‘W’ Steel Section Mounted on Steel Channel Post in connection with the work at Dibrugarh Town-New Tinsukia to protect track mounting (11kms).” The letter of acceptance was issued to the respondent in respect of the work on 22.02.2013. The original period of completion of the contract work was 9(nine) months and the original contract value was Rs.34,34,980.75/-but the final value of work was increased by 21.99% i.e. Rs.4,18,48,959.75/-.

4. The parties singed the formal contract agreement and the contract is to be governed by the provisions of General Condition of Contract, 1988(GCC) and Standard Specific

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