UNION OF INDIA Vs. MANMOHAN LAL

JUDGEMENT

(1.) THIS is a revision against an Order of the learned Senior Civil Judge, Ajmer dated 8th of August, 1958 in misc. case No. 3 of 1958.

(2.) MANMOHANLAL contractor undertook to construct an Assembly Hall in the Government College, Ajmer for the Union of India. Tenders were invited for the work by the Divisional Officer, Central Public Works Department Ajmer and MANMOHANLAL was one of the persons who submitted a tender for the work. He received a letter (Ex. D. 2) from the Executive Engineer, Ajmer Construction Division, C. P. W. D. Ajmer as follows : - Shri Man Mohan Lal, Govt. Contractor, Kaiser Ganj, Ajmer. No. 7261-68. Dated 14. 5. 1956. Sub : - Construction of Assembly Hall at Govt. College, Ajmer. Dear sir, Your tender for the work mentioned above has been accepted on behalf of the President of India at your tendered percentage of Rs. 4/11/-% above the estimated cost. (2) You are requested to attend this office to complete the formal agreement within seven days of the receipt of this letter. (3) Your are also requested to arrange to start the work at once. The date of commencement will be reckoned from the date of issue of this letter. Time of Completion: - 9 months. Yours faithfully, Sd/- K. C. Jain Executive Engineer, Ajmer Construction Division. Copies of this were sent to the Superintending Engineer and various other officers.

(3.) THE arbitrator perhaps thought that joint action will be taken by the parties in the matter, but as it happened, each one of the parties moved different courts for the same purpose. THE present revision arises out of an application under sec. 28 of the Indian Arbitration Act made by Manmohan Lal to the court of Senior Civil Judge, Ajmer.