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1967 Supreme(Raj) 93

DAVE, KAN SINGH
Union of India – Appellant
Versus
Firm J. P. Sharma & Sons – Respondent


Advocates Appeared:
Magraj with Lakhpat Raj, for Appellant; M.M. Vyas, for Respondent

KAN SINGH, J.—This is an appeal under sec. 39 of the Arbitration Act and is directed against the judgment and decree of the learned District Judge, Bikaner, dated 28-10-63, whereby the learned Judge awarded a decree of Rs. 4,26,528.90 paise in favour of the respondent and against the appellant on the basis of an award given by Shri S. P. Lal, Deputy General Manager, Northern Railway on 12-2-63 consequent to the dismissal of the objections filed by the appellant against the validity of the award. The respondent has also filed a cross-objection and has prayed that interest be awarded on the amount decreed by the District Judge from the date of the decree till the realisation of the decretal amount. The main question that arises for consideration is about the validity of the award and we may briefly state the relevant facts as follows.

2. The respondent firm was engaged as contractor by the Northern Railway for the purpose of performing all the work of porterage of goods at the various railway stations and goods-sheds falling in Zone No. 2 of the Bikaner Division of the Northern Railway. The terms and conditions of the contract were contained in an indenture dated 3-4-57. The agreement







































































































































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