SAMAR NAYAK SARNARJIT NAYAK Vs. S K SADHU

JUDGEMENT

(1.) As common questions are involved, M.A. Nos. 234 and 267 of 1994(R) have been heard together and are disposed of by a common judgment.

(2.) Two contracts were entered into between M/s. Hindustan Copper Limited, Ghatsila (hereinafter referred to as the Company) and Samar Nayak (hereinafter referred to as the Contractor) on 30-8-1984 and 16-5-1985 in relation to external works for 204 units 'A' type quarters and for construction of 45 units Upper Floor 'B' type quarters at Musabani. The works assigned under the aforesaid contracts were not executed in time and as such both contract were cancelled by the Company.

(3.) This led to difference and dispute between the parties and consequently the Contractor requested the Chairman, HCL as per arbitration clause of the agreements to refer the disputes for adjudication by arbitrator.