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1961 Supreme(Ori) 33

J.K.MISRA, R.L.NARASIMHAM
STATE OF ORISSA – Appellant
Versus
P. C. CHANDA – Respondent


Advocates Appeared:
D.BHUYAN, R.K.Kar, R.K.PATNAIK, Sidharta Ray

NARASIMHAM, C. J.

( 1 ) THIS is an appeal by the State of Orissa against the judgment of the subordinate Judge of [puri refusing to set aside an awardl dated 27th April 1956 and passing a judgment and decree in terms of that award in favour of the respondent

( 2 ) THE respondent was a contractor who agreed to construct four bridges on the lewis Road in Bhubaneswar for a lump sum contract of Rs. 7,58,000/ -. The terms of the contract were put in writing (See Ex. A ). The length of the 4 bridges, as shown in the contract, is as follows : (i) Bridge over Gangua-520 ft. ; (ii) Bridge at 2m-2140 ft-40 ft: (iii) Bridge at 2m-2715 ft-100 ft; and (iv) Bridge at 2m-4992 ft100 ft Clause 7 of the Conditions of Contract authorises the Executive Engineer to make additions, omissions or variations to the works and further stipulates that for such additions omissions Or variations extra sums may be added or deducted from the amount of the contract "at rates in accordance with the sanctioned schedule of rates in force at the time when a particular item or work was commenced". Clause 19 is the usual arbitration clause to the effect that if there is a dispute between the con-tractor and the Executi

















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