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2004 Supreme(Jhk) 1067

SUDHANSU JYOTI MUKHOPADHAYA, M.Y.EQBAL
Sharda Construction – Appellant
Versus
State Of Jharkhand – Respondent


JUDGMENT

M.Y. Eqbal, J.

1. This writ application is directed, against the order dated 20.8.2004 passed by the learned Chief Justice of this Court in AA Nos. 3 and 5 of 2004 in purported exercise of power Under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said Act) whereby the application filed by the petitioner for appointment of Arbitrator has been rejected.

2. The facts of the case lie in a narrow compass:

The petitioner-firm was allotted three contracts relating to widening of road at National Highway No 23 at different stages. These works were identified as job Nos. 515, 516 and 538. Petitioners case is that it completed both the works within the stipulated time to the satisfaction of the respondents- authorities, but due to some poor sanctioned specification in the agreement itself, the construction work which was carried out, subsequently became damaged and petitioner was directed to repair the same even after the lapse of liability period and accordingly almost all the repair work was completed. Thereafter dispute between the parties cropped up and since then the respondent- authorities have been trying to shift their liability on t








































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