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1996 Supreme(MP) 778

S.K.DUBEY
Mahavir Construction Co. – Appellant
Versus
State of M. P. – Respondent


Advocates:
K.P. Munshi for applicant; Alok Aradhe for non-applicants.

JUDGMENT

Singh, J. -- 1. This revision is filed by unsuccessful applicant/petitioner under section 19 of the M.P. Madhyastham Adhikaran Adhiniyam, 1983 (for short 'the Adhiniyam') against the award dated 1.11.89 passed by the M.P. Arbitration Tribunal, Bhopal in Reference Case No. 55/87 filed under section 7 Adhiniyam.

2. It is not in dispute that on 25.1.84, Item-rate-tenders were invited for construction of 13 Nos. of new structures and remodelling of Mahanadi Main Canal from RD 87,000 M to RD 97,000 M. Only two tenders were received, one by petitioner on 24.6.84 with 177.27% above U.C.S.R. and other by M/s. B.K. Agrawal with 231.85% above U.C.S.R. It is also admitted that petitioner had submitted a letter Ex. P/1- A dated 24.6.84 addressed to Superintending Engineer alongwith tender documents which contained certain conditons but this letter was withdrawn unconditionally by a letter Ex. P/2-A dated 17.7.84. The tender of the petitioner being low was accepted on 29.1.85, the intimation of which was given to the petitioner by Executive Engineer vide his letter Ex. P/5 dated 22.2.85. A contract agreement No. 1/D-1 of 84-85 (Article 'O') was executed on 15.3.85. The work order was iss







































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