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1974 Supreme(MP) 54

G.P.SINGH, B.R.DUBE
UMRAOSINGH AND CO. , MAHANAGAR, LUCKNOW (U. P. ) – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
K.A.Chitale, PUNTAMBEKAR, V.S.DABIR, Y.S.DHARMADHIKARI

SINGH, J.

( 1 ) THIS judgment shall also dispose of Miscellaneous (First) Appeal No. 60 of 1965.

( 2 ) THE facts giving rise to these appeals are that on 14th April, 1952 contract for construction of a bridge on Narmada near Mortakka was granted by the government to M/s. Umraosingh and Company, which is a partnership firm and shall hereinafter be referred to as the contractors. The contract was for a lump sum payment of Rs. 23,49,000/ -. According to Clause (13) of the Contract, the works were to be completed within 24 months. Extension of time was, however, contemplated on account of works being altered, varied or added to or on account of any delay by reason of inclement weather or causes beyond the control of the contractors. The contract contained an arbitration Clause which reads as follows:

"17. Provided always that in case any question, dispute or difference shall arise between the E. E. and the contractors: as to what additions, if any, ought in fairness to be made to the amount of the contract by reason of the works being delayed through no fault of the contractors or by reason or on account of any directions or requisitions of the E. E. involving increased cost to the cont




























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