M L DALMIYA AND CO Vs. UNION OF INDIA
HIGH COURT OF CALCUTTA
UNION OF INDIA
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P.C. Mallick, J. -
(1.) A special case has been stated by the arbitrator in the above arbitration proceedings for the opinion of the Court on a question of law. The question of" law referred is whether certain claims made by M. L. Dalmiya and Co., the claimant in the above proceedings against the Government is barred by limitation.
(2.) The contractor's claims arise out of three contracts evidenced by the three tenders all of 1943 and duly accepted by the Government. The terms and conditions are usual as in Government Contracts in standard form. Reference to the terms will have to be made later. The contractor from time to time submitted running bills which were paid after certain deductions and recoveries were made. The running bills were submitted and payments were made in 1943, 1944 and 1946. Though the works under the contracts were actually completed as far back as September 15, 1943, no completion certificate was given to the contractor signifying that the works should be deemed to have been completed. The final bill appears to have been passed by the Government on February 18, 1949, but no intimation was given to the contractor of the passing of the final bill till April 28, 1954, when the Executive Engineer intimated to the contractor by letter of even date the Government's decision in answer to the contractor's claim submitted on May 9, 1952.
(3.) In September 1954, the contractor applied for arbitration under the arbitration clause in the different contracts and there was a reference.;
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