RAJKUMAR CHOWDHURY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Court :This is an application for setting aside the award dated 28th October, 1993 made and published by Shri Dharampal and Shri Hamza, Joint Arbitrators. It has been contended on behalf of the petitioner that the said award is based on proposition of law which is unsound. For proper appreciation of question involved it is necessary to mention the facts in short compass.

(2.) PURSUANT to an invitation for tender issued by the South-Eastern Railway for execution of left over work of earth work in formation, Pway linking including supplying, spreading and packing stone ballast, regarding of track, construction of signal cabins, pucca drain, barbed wire forcing, raising platform, walls ramp in connection with extension of loops to standard length 286 M at Garbeta Station on Adra-Nimpura Station, the petitioner submitted tender for the said work.

(3.) IT has been alleged by the petitioner that he made every effort to complete the said work within period stipulated in the agreement that said work could not be completed within the contractual period, due to default on the part of the respondent. The said alleged default on the part of the respondent as mentioned in paragraph 2 of the petition are inter alia as follows:-