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C.B.SEN, N.D.OJHA
SPEDRA ENGINEERING CORPORATION BHOPAL – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
C. P. Sen, J. - This is a petition under Arts. 226 and 227 of the Constitution for striking down of M.P. Madhyastham Adhikaran Adhiniyam, 1983, and for quashing the order dated 16-8-1985 of the Chief Engineer cancelling the appointment of arbitrator dated 14-3-1985 for deciding the dispute raised by the petitioner-contractor. This order will also govern the disposal of M.P. No. 1922/1985 between the same parties wherein the petitioner has challenged the order dated 22-6-1985 of the State Government cancelling the appointment of the sole arbitrator to settle the dispute between the parties.
2. The petitioner is a contractor having its registered office at Bhopal. The petitioner's tender for construction of Dejla Dawada left Earth Dam in the district of West Nimar, M.P., was accepted by the State Government and agreement No. 12DL/1983-84 was entered into and the petitioner commenced its work. Clause G.C. 52 of the Agreement provided for settlement of disputes by recourse to arbitration. As per this clause all the disputes and differences in respect of which the decision has not become final and conclusive shall be referred for arbitration. The Chief Engineer, Narmada, Tapti
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
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