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1984 Supreme(All) 491

R.P.SAXENA, I.P.SINGH
STATE – Appellant
Versus
SARDUL SINGH KULWANT SINGH – Respondent


Advocates Appeared:
AMIT STHALEKAR, LALJI SINHA, N.P.MISHRA

O. P. SAXENA, J.

( 1 ) THESE are three connected appeals against order dated 7-5-1984 passed by Civil Judge, Bijnor making a reference of the disputes to the arbitration of Sri R. N. Misra, Retired Chief Engineer, U. P. Jal Nigam, Lucknow.

( 2 ) THE facts giving rise to those appeals are that respondent No. 1 submitted three separate tenders for three different works which were accepted by appellant No. 2 Superintending Engineer, Madhya Ganga Canal, Construction Circle I Meerut. The contractor completed the works. There was a dispute regarding the amount payable to the contractor under each contract. Clause 34 of the Agreement provided for the settlement of the disputes by Chief Engineer, Madhya Ganga Canal, Irrigation Department (respondent No. 2 ). On 4-10-1983 the respondent No. 1 gave three notices to respondent No. 2 under S. 8 of the Arbitration Act calling upon him to enter on a reference and adjudicate the disputes. The notices were delivered to respondent No. 2 on 7-10-1983. The respondent No. 2 did not enter on the reference.

( 3 ) ON 14-11-1983 the respondent No. 1 gave three separate applications under Ss. 8 and 20 of the Arbitration Act.

( 4 ) THE applications were con































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