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2011 Supreme(Ori) 139

V.GOPALA GOWDA
G. C. Kanungo – Appellant
Versus
Rourkela Steel Plant – Respondent


Advocates appeared:
For Petitioner: M/s. Milan Kanungo, Y. Mohanty, D. Pradhan, S.K. Mishra, B. Pattnaik, B.B. Panda, S.N. Das, N.K. Jujhatisingh & R.K. Rath
For Opp. Parties : M/s. N. Ku. Sahu, B. Swain & N.K. Das

JUDGMENT

V. GOPALA GOWDA, C.J. - The petitioner has filed Misc. Case No. 49 of 2009 to modify the order dated 20.5.2009 to the extent of indicating RMD/1 of 1993-94 in place of agreement dated 1.4.1991, whereas the opposite parties have filed Misc. Case No. 57 of 2009 for recalling the order dated 20.5.2009 passed in ARBP No.65 of 2008 and order dated 3.9.2009 passed in Misc. Case Nos. 23 and 24 of 2009 arising out of the said arbitration petition urging various factual and legal grounds.

2. The brief facts are stated for the purpose of appreciating the rival legal contentions urged on behalf of the parties with a view to find out as to whether the opposite parties are entitled for the relief sought for in the aforesaid Misc. Case.

3. Contract bearing No.RMD/1 of 1993-94 was executed between SAIL and the petitioner for handling of different raw materials wagons etc. at different stockyards inside Rourkela Steel Plant by the claimant-contractor. Initially the contract value was for Rs.4,47,66,000/-. The contract was for a period of fifteen months with effect from 1.4.1993 and the same was extended for a further period of two months upto August, 1994. The contract value was amended to R















































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