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2014 Supreme(Raj) 1994

P.K.LOHRA
Rajasthan State Road Development & Construction Corporation Ltd. – Appellant
Versus
Five Star Builders & Contractor – Respondent


Advocates:
For the Appellants:Vinay Jain, Advocate.
For the Respondent:Rajesh Joshi, Advocate.

JUDGMENT

1. - Matter comes up on second stay petition but with the consent of both the parties, appeal itself is heard finally at this stage and disposed of by this judgment.

2. Appalled by the order dt. 4.3.2013, the appellants have laid this appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, 'Act of 1996) By the order impugned, learned Additional District Judge No. 3, Udaipur has rejected the application of the appellants under Section 34 of the Act of 1996 by declining to interfere with the arbitral award dt. 21.4.2010.

3. Succinctly stated, the facts of the case are that State Government sanctioned the work for construction of flow portion of RD 235 to 3501 M of Chiklawas Irrigation Project by its order dt. 7.3.1994 for a sum of Rs. 3,32,15,276/- in favour of appellant-Corporation and in this respect Work Order was issued and requisite agreement was also executed. Pursuant to the Work Order, appellants issued a Notice Inviting Tender (for short, 'NIT') in which respondent also participated and after acceptance of its tender. Work Order No. 10/97 dt. 2.5.1994 was issued for a sum of Rs. 1,79,52,393.09. The aforesaid work was allotted to the responden








































































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