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2011 Supreme(P&H) 980

HEMANT GUPTA
Sunil Goyal – Appellant
Versus
Haryana State Agriculture Marketing Board – Respondent


Advocates:
For the Petitioner:Mr. P.S. Rana, Advocate.
For the Respondents:Mr. Durgesh Aggarwal, Advocate.

JUDGMENT

Mr. Hemant Gupta, J.: - The petitioner has sought appointment of an Arbitrator in respect of disputes arising out of an Agreement executed between the parties.

2. The work for construction of road from Singhapura to Gahlewala upto Punjab Border was allotted to the petitioner on 13.06.2002. Thereafter, an agreement in this respect was executed between the parties. The petitioner completed the work on 10.10.2004. The petitioner requested for the final payment for which request was made by the petitioner on 20.09.2005. The petitioner was informed to attend the office of the Executive Engineer so as to give rebate for maintaining allotted excess work, so that the final bill can be reviewed. The petitioner resisted such communication. The petitioner was not ready and willing to give rebate as sought for by the Executive Engineer. Therefore, the petitioner sent a communication on 18.05.2006 for an early payment. Thereafter, the petitioner was paid amount on 20.07.2006 after deducting amount in respect of which the Executive Engineer has sought rebate from the petitioner. It is, thereafter, vide communication dated 16.08.2007, the petitioner has sought resolution of the disputes











































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