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1991 Supreme(Raj) 424

B.R.ARORA
Vijay Singh Amar Singh and Co. – Appellant
Versus
Hindustan Zinc Limited – Respondent


Advocates:
Appearance :
A.K. Shende and A.K. Chhangani, for the Appellant
H.M. Pareek and B.R. Bhandari, for the Respondents

Judgment

B.R. Arora, J.-This appeal is directed against the order dated November 9, 1990, passed by the District Judge, Udaipur, by which the learned District Judge disposed of the application under Section 20 of the Arbitration Act, filed by the plaintiff .

2. Plaintiff M/s. Vijay Singh Amar Singh & Co. - Engineers and “AA-Class Contractors” filed an application under Section 20 of the Indian Arbitration Act, 1940 (hereinafter referred as ‘the Act’) in the Court of the District Judge, Udaipur. It was averred in the application that the plaintiff was carrying on the business of engineers and contractor and it entered into a contract with the defendant MIs. Hindustan Zinc Limited (a Government of India Undertaking) on December 15, 1986, for the construction of Gosunda Dam on river Behdach (district Chittorgarh). After entering into the contract, the firm started the construction work as per the terms and conditions of the contract. According to the plaintiff , the contract created reciprocal contractual obligation, but the defendant M/s. Hindustan Zinc Limited failed to perform their part of the contract and committed several fundamental breaches of the contract hence the work could



































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