KRISHNA DEVI Vs. UNION OF INDIA AND ANR
HIGH COURT OF GAUHATI
Union Of India And Anr
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Achintya Malla Bujor Barua, J. -
(1.) Heard Mr. S Sahoo, learned counsel for the appellant. Also heard Ms. A Gayan, learned CGC appearing for the respondent authorities.
(2.) The husband of the appellant entered into a contract with the respondent authorities through the Garrison Engineer, Tezpur at Sonitpur for construction of permanent armament section under the Garrison Engineer, Air Force Tezpur, Assam. The husband of the appellant completed the work allotted to him and thereupon the final bills were prepared. As the husband of the appellant could not wait any further for the bills to be paid, he accepted the amount paid to him by the respondent authorities and in doing so had also endorsed a remark "no further claim certificate". According to the appellant, the amount paid to the husband of the appellant was not full amount that the respondent authorities were required to pay and that he was entitled to some more amount. Consequent thereof, the husband of the appellant by a letter dated 11.01.1993 raised a dispute and requested that as provided in the contract agreement, an Arbitrator be appointed to decide the matter.
(3.) When the request for appointment of an Arbitrator was not entertained by the respondent authorities, the appellant preferred an application under Section 20 of the Arbitration Act of 1940 (for short, the Act of 1940) before the appropriate Court at Delhi. But by an order dated 04.11.1997, the application of the appellant under Section 20 of the Act of 1940 was dismissed on the ground of lack of territorial jurisdiction. On an appeal being carried before the High Court at Delhi, the same was also dismissed, but at the same time, it is stated that the petition preferred by the husband of the appellant was returned. In the meantime, the husband of the appellant died and the appellant being the legal heir continued with the proceeding.;
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