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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA
Forum Projects Private Limited, Kolkata – Appellant
Versus
Berhampur Development Authority, Berhampur, Ganjam – Respondent
| Table of Content |
|---|
| 1. formation of contract in bidding process (Para 1 , 2) |
| 2. appellant's arguments on contract acceptance (Para 3 , 4) |
| 3. respondent's argument on contract non-existence (Para 5 , 6) |
| 4. conditions for invoking arbitration clause (Para 7 , 8) |
| 5. need for a concluded contract for arbitration (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 6. conclusion - appeal dismissed (Para 15) |
JUDGMENT :
This appeal under Section 37 of the Arbitration Conciliation Act, 1996 (for short, the Arbitration Act’) has been filed assailing the order dated 18.10.2019 (Annexure-1) passed by learned District Judge, Ganjam, Berhampur in Arbitration Petition No.4 of 2018, whereby he dismissed a petition filed by the present Appellant-Company under Section 9 of the Arbitration Act holding it to be not maintainable.
“The opposite parties shall not issue (sic) any work order to anybody until further orders, subject to the petitioners depositing of Rs.2.75 crores before the Registrar (Judicial) of this Court in shape of A/C payee bank draft within a period of two weeks hence. In the event, the petitioners will not pay the same within the time stipulated, this interim order will stand vacated.”
“It is therefore prayed t
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