ALLIED AGENCIES Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an appeal under Section 39 of the Arbitration Act, 1940, (in short, the Act) against an order of the District Judge, Jaipur City passed on 1. 11. 1980, rejecting the appellant's application moved under Section 20 of the Act.

(2.) ADMITTED facts are that, the respondent-Railway invited tenders for construction works at Dabla; for the appellant- Company tendered its offer which was accepted by the respondent-Railway and consequently, an agreement bearing No. C & S/exen/c/jp/ds/3/ dated the 7/3/1973, was entered into between the appellant and the respondent for the construction of following structures : (i) 8 Units type II Quarters; (ii) 12 Units type I Quarters (since increased to 16); (iii) Approach Road for staff quarters; (iv) External sanitary and drainage arrangements; (v) Three signalling cabins including cabin near K. 220 (long afterwards abandoned on railway account); (iv) ELF's Duty room (long afterwards abandoned on railway account ). As admitted by the respondent in reply, the required work was completed by the appellant.

(3.) TWO issues were framed (1) Whether the appellant-Company has issued 'no dues certificate under protest, and if so, what is its effect? (2) Whether the application is within time? (3) What relief?