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2005 Supreme(Online)(Gau) 5

GAUHATI HIGH COURT
Not Disclosed, J
Assam Urban Water Supply and Sewerage Board Guwahati v. Subhash Project and Marketing Ltd. and Another


Advocates:
For the Appellants/Petitioners: Sri N. C. Phukan
For the Respondents: Sri P. C. Markanda

1. Both the appeals being directed against two identical orders dated 1-6-2004 and 5-6-2004 passed by the Learned District district Judge, Kamrup, were heard together and are being disposed by this common Judgment and Order.

2. The respondent No. 1 in the two appeals under consideration was appointed as the Contractor for execution of the works relating to "Construction of Tezpur Town Water Supply Scheme" and "Tinsukia Town Water Supply Scheme". Certain disputes and differences having arisen between the parties under the above contracts, the same were referred to arbitration by one Sri M. N. Bhagawati as the sole Arbitrator. The Sole Arbitrator made two separate awards, both dated 22-8-2003, in terms of which certain amounts of money has become payable to the respondent contractor. The appellant received both the awards on 26-8-2003. On 2-1-2004 the appellant filed two separate applications before the Learned District Judge, Kamrup, Guwahati under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act of 1996) for setting aside the awards dated 22-8-2003. On the same date i.e. on 2-1-2004 the applicant had also filed two separate applications














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