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2005 Supreme(MP) 1125

DIPAK MISRA
F. A. Construction – Appellant
Versus
Narmada Valley Development Department – Respondent


Advocates Appeared:
P.N.DUBEY, R.P.AGRAWAL, R.UPADHYA,

Judgment

( 1. ) IN this batch of writ petitions the centripodal issue being same and the question of law that emerges for consideration being similar it was heard analogously and is disposed of by this singular order. For the sake of clarity and convenience the facts in W. P. No. 1063/2005 are adumbrated herein.

( 2. ) THE petitioner, a registered partnership firm, is engaged in doing the job of civil and irrigation works. It entered into an agreement with the Narmada Valley Development Authority (presently known as Narmada Valley Development Department) vide agreement No. 2/dl/2002-2003 for construction of right bank main canal, Group-1. RD 16 KM to RD 20 KM. After acceptance of the tender, as pleaded, work order was issued in favour of the petitioner and thereafter, the petitioner approached the respondents for providing mark-out and handing over the site for commencement of the work but due to non-response of the respondents the petitioner was compelled to file an application under Section 9 of the Arbitration and Conciliation Act, 1996 (for brevity the Act) before the learned District Judge, Jabalpur. ( 3. ) IT is contended in the petition that time had never been the essence of

































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