PRATAP CHANDRA BISWAS Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) THIS petition of revision is directed against an order of Shri R. Medhi, Subordinate Judge, Lower Assam Districts dated 29 -10 -1954 by which he directed an award to be returned to the arbitrator for presentation to a Court of competent jurisdiction.

(2.) THE facts leading to the impugned order may be briefly stated. On 10 -1 -1945 the petitioner Pratap Chandra Biswas entered into, a contract with the Union of India represented by the Executive Engineer of the B.A. Railway which later merged into the North Eastern Railway. The contract was for the supply of lime ballast and concrete shingles at Dittockchera stone quarry in the North Cachar Hills. During the period of the contract the railway line between Lumding and Badarpur fell in the prohibited area.

(3.) ON the filing of the award by the arbitrator the case was registered on 9 -2 -1952 and notices were issued to the parties for filing objections. Parties were directed to show cause within 30 days from the date of the receipt of the notice why a decree may not be passed in terms of the award. The case was fixed for hearing on 29 -4 -1952. On behalf of the Union of India (now the opposite party) objections were put in on 29.44952.