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2011 Supreme(Online)(Chh) 89

CHHATTISGARH HIGH COURT
Deepak Kumar, J
Bajwa and Company v. State of Chhattisgarh and Others


1.. Heard.

2. This writ appeal has been filed against the impugned order dated 5-8-2008 passed by the learned single Judge in W. P. (C) No. 3700/2008 dismissing the writ petition challenging the validity of the order of the learned District Judge, Sarguja (Ambikapur) dated 5-5-2007 passed in Execution Proceedings No. 1/07 whereby the application of the writ appellant for execution of the award dated 22-8-2006 was rejected with a finding that the Executing Court has no jurisdiction to execute the arbitration award.

3. Brief facts of the case are that the writ appellant was given a contract regarding the work of construction of Masonry Dam over flow Block No. 7, 8 & 9 and non - over flow Block No. 10 & 11 with Right Key Wall including R.C.C. Piers, Gallery, Bucket and Bridges etc. of the project namely Shyam (Ghunghutta) Project, Ambikapur under an agreement No. 24 / DL / 82-83 entered between the parties. The period fixed for completion of the contract was 18 months excluding rainy season, however, the writ appellant could not complete the contract work within the extended period also and therefore, the Executive Engineer vide memo dated 15-12-1992 terminated the contract awarded to




































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