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1996 Supreme(MP) 148

S.K.DUBEY, SHAMBHOO SINGH
S. P. Gupta – Appellant
Versus
State of M. P. – Respondent


Advocates:
V.R. Rao for applicant; Alok Aradhe, Panel Lawyer for State.

ORDER


S.K. Dubey, J.--1. This is a revision under section 19 (1) of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 (for short 'the Adhiniyam') by the petitioner-contractor against the award dated 24.9.1990, passed in Reference case No. 108/1989, by Madhya Pradesh Arbitration Tribunal, Bhopal (for short 'the Tribunal').

2. The facts giving rise to this revision petition are thus. The petitioner's tender for the construction of box type bridge with 11 boxes at Barbata Nala in Tahsil Patan, District Jabalpur was accepted on 30.8.1979. Time for completion of the contract was fixed as 12 months excluding rainy season. The work order was issued on 1. 9.1979. The petitioner avers that after the work order, location of the bridge was shifted because of non-acquisition of the land. The bridge in its design was changed wherein on its final approval 11 boxes were reduced to a boxes. The petitioner completed the construction of the bridge as approved in September 1981. On final settlement of bills a dispute arose to certain claims which the petitioner referred under clause 29 of the contract Agreement to the Superintending Engineer who rejected the claim vide decision Ex. P. 28, which
















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