BHARAT COKING COAL LIMITED Vs. ANNAPURNA CONSTRUCTION

JUDGEMENT

(1.) These appeals are directed against the judgment and order dated 29-4-1997 passed by the High Court of Patna, Ranchi Bench, Ranchi in Appeal from Original Order No. 169 of 1995 (R) whereby and whereunder the appeal preferred by the appellant herein from a judgment and order dated 3-6-1995 passed by the Subordinate Judge, 4th Court, Dhanbad in Title (Arbitration) Suit No. 109 of 1994 was dismissed.

(2.) FACTS: The basic fact of the matter is not in dispute. The parties hereto entered into a contract for construction of 140 numbers of temporary hutments, the estimated cost of which was Rs. 49,45,447.81. A formal work order was issued to the respondent herein. Entire work in terms of the agreement was to be completed within a period of four months.

(3.) A formal contract was entered into for the aforementioned work by and between the parties. The said contract contained an arbitration agreement. The said contractual job was not allegedly completed by the respondent within the stipulated period wherefor a request was made for extension of time till 31-12-1986 to complete the work. Further extensions of time were sought for and granted from time to time.