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2002 Supreme(J&K) 160

S.K.GUPTA
Bhushan Kumar And Brothers – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Advocate For Appellant: R.K. Gupta
Advocate For Respondent: Nirmal Kotwal

1. This is an appeal directed against the judgment and order dated 19-3-2002 passed by learned District Judge, Jammu in File No. 15/Arbitration Act. By the aforesaid order, petition of the appellant under Section 9 of the Arbitration and Conciliation Act for the grant of interim order has been dismissed.

2. Facts of the case relevant for the disposal of this case in a nutshell are that, that a contract CE (P) SAMPARK/ 11/2001-2002 for the supply of Stone Metal and Screening between KM 118 to 128 Road Tain Bridge-Rajouri was allotted to the appellant by the respondent. There was an agreement executed between the parties in respect of this allotment of contract work. In pursuance of letter of acceptance issued by respondent, work order was issued to the appellant for execution of the contract work on 29-11 -2001. For the purpose of reference, the relevant extract of the word order is reproduced here:

"3. Time effect:

(1) Date of handing: - 29 Nov 2001 over of site

(ii) Date of comm-: - 29 Nov1 2001 encement of work

(iii) Date of Completion: -

Phase. -l :-28Feb2002

Phase-ll: - 28 May 2002"

3. After the issuance of the work order, petitioner/appellant started the execution of the work,























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