UNION OF INDIA Vs. JYOTI FORGE AND FABRICATION

JUDGEMENT

(1.) Heard Mr. A.T. Sarkar, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel for the respondent No.1 being the Union of India, Mr. G. Sarma, learned Counsel appearing for the Home Department of Government Assam for the respondent No.2 and 4 and Ms. U. Das, learned Advocate for the respondent No.3 being the Deputy Commissioner, Dhubri.

(2.) The petitioner, namely, Abeda Bibi has been referred to the Foreigners' Tribunal, 10th Dhubri for rendering an opinion as to whether she is a person who had entered the State of Assam from the specified territory on or after 25/3/1971, resulting in registration of F.T. Case No.FT(10)/AGM/241/2016. The Tribunal rendered an opinion dtd. 30/6/2017 declaring the p- 1. Heard Mr. B.K. Das, learned counsel for the appellants. Also heard Mr. M. Biswas, learned counsel for the respondent. 2. This appeal has been preferred by the appellants under Sec. 37(1)(c) of the Arbitration and Conciliation Act, 1996 (hereinafter for brevity as Arbitration Act, 1996) against the order dtd. 20/1/2022 passed by the learned District Judge, Tinsukia in Misc(J) Case No. 5/2020.

(3.) The brief facts of the case is that the respondent was found successful in tender process initiated by the appellant/Railway for execution of works -Provision of Separator made of -W- Steel Sec. Mounted on Steel Channel Post in connection with the work at Dibrugarh Town-New Tinsukia to protect track mounting (11kms).- The letter of acceptance was issued to the respondent in respect of the work on 22/2/2013. The original period of completion of the contract work was 9(nine) months and the original contract value was Rs.34,34,980.75 but the final value of work was increased by 21.99% i.e. Rs.4,18,48,959.75.