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2018 Supreme(Raj) 2085

INDERJEET SINGH
State of Rajasthan – Appellant
Versus
Murari Lal Singhal – Respondent


Advocates Appeared:
Mr. Rajan Prajapati on behalf of Mr. Dharamveer Tholia, Advs., for the Appellant in Civil Miscellaneous Appeal No. 3443 of 2008; Mr. Rahul Sharma, Adv., for the Respondent in Civil Miscellaneous Appeal No. 3443 of 2008; Mr. Rahul Sharma, Adv., for the Appellant in Civil Miscellaneous Appeal No. 4765 of 2011; Mr. Rajan Prajapati on behalf of Mr. Dharamveer Tholia, Advs., for the Respondent in Civil Miscellaneous Appeal No. 4765 of 2011

JUDGMENT

Inderjeet Singh, J - Both these appeals have been filed by the appellant against the judgment dated 17.03.2008 passed by District Judge, Dholpur in application under Section 34 of the Arbitration and Conciliation Act,1996 (to be referred as Act of 1996).

2. Brief facts of the case are that the State of Rajasthan (to be referred as Department) allotted the work of restoration of existing damaged CD Works of Dholpur-Soneka Gurja Road Via Van Vihar vide Agreement No.29/1990-91 to M/s Murari Lal Singhal (to be referred as contractor).

Department vide order dated 12.11.1990 directed the contractor to start the work amounting to Rs.11,80,922/-, the schedule date to start the work was 06.12.1990 and completion date was 05.06.1991. The contractor started the work however the work could not be completed and the prescribed time therefore the claimant requested for extension of time and the time was extended by the Department. When the department failed to pay the running bills submitted by the contractor then the contractor filed an application for appointment of an arbitrator to the department and the department vide order dated 20.05.2004 appointed Shri N.P. Mathur Retd., Chief Eng

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