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1996 Supreme(MP) 290

S.K.DUBEY, SHAMBHOO SINGH
RAJENDRA PRAKASH – Appellant
Versus
M. P. ELECTRICITY BOARD – Respondent


Advocates appeared:
Sh. P. S. Banthiya, Advocate, for the Petitioner.
Sh. P. K. Jaiswal, Advocate, for the Respondents.

JUDGMENT

S. K. Dubey, J. - The petitioner/contractor has filed this revision under Section 19 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 (for short 'the Act') aggrieved of the award dated 16.10.1989 passed in Reference Case No. 87 of 1987 by the Madhya Pradesh Arbitration Tribunal (for short 'the Tribunal').

2. The facts leading to this revision are these. The petitioner in pursuance of the notice inviting tender (Ex. P2) submitted his tender for the work of feeding, breaking and passing of coal at hooper at Korba (Darri Kerva) West Bank Thermal Plant of Madhya Pradesh Electricity Board (for short 'the Board') of which an agreement was executed on 15.3.1986 (Ex. D. 23-A). A dispute in respect of certain claims arose between the petitioner and the Board. The petitioner applied for a reference under Section 7 of the Act to the Tribunal by a petition under Section 7-A of the Act which was contested by the Board. The Tribunal after holding that the respondent Board is covered within the definition of 'Public Undertaking', as defined under Section 2(1)(g) of the Act, held that the contract of which the dispute arises, was not the "Works Contract" as defined under Sectio











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