GENERAL MANAGER NORTHERN RAILWAY Vs. SARVESH CHAPRA
LAWS(SC)-2002-3-26
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on March 01,2002

GENERAL MANAGER NORTHERN RAILWAYS Appellant
VERSUS
SARVESH CHOPRA Respondents





Cited Judgements :-

HARSHA CONSTRUCTIONS VS. UNION OF INDIA [LAWS(SC)-2014-9-16] [REFERRED TO]
B ANAS BABU AND OTHERS VS. UNION OF INDIA AND OTHERS [LAWS(KER)-2017-10-172] [REFERRED TO]
PAWAN KUMAR JAIN VS. UNION OF INDIA [LAWS(MPH)-2009-7-37] [REFERRED TO]
M/S. DWARKA TRADERS PRIVATE LIMITED VS. UNION OF INDIA THROUGH GENERAL MANAGER, NORTH WESTERN RAILWAY, NWR HEAD QUARTER, NEAR JAWAHAR CIRCLE, JAGATPURA ROAD, JAIPUR AND ANOTHER [LAWS(RAJ)-2016-6-43] [REFERRED TO]
UNION OF INDIA AND ORS. VS. CHENAB CONSTRUCTION JOINT VENTURE [LAWS(DLH)-2015-10-180] [REFERRED TO]
PATEL ENGINEERING CO LTD VS. NORTHERN RAILWAY ADMINISTRATION [LAWS(DLH)-2006-5-2] [REFERRED TO]
INDRAPRASTHA POWER GENERATION CO LTD VS. HARVINDER SINGH [LAWS(DLH)-2011-5-263] [REFERRED TO]
DAELIM INDUSTRIAL COMPANY VS. NUMALIGARH REFINERY LTD [LAWS(GAU)-2006-8-52] [REFERRED TO]
G V MALLA REDDY AND CO VS. A P STATE TRADING CORPORATION LTD [LAWS(APH)-2009-12-85] [REFERRED TO]
SHRI PATIL ENTERPRISES VS. GENERAL MANAGER SOUTH CENTRAL RAILWAY [LAWS(APH)-2011-6-12] [REFERRED TO]
MUDDU KRISHNA RANGAIAH VS. UNION OF INDIA [LAWS(APH)-2002-12-66] [REFERRED TO]
IRCON INTERNATIONAL LIMITED VS. SATYA PRAKASH BUILDERS LIMITED [LAWS(DLH)-2017-4-196] [REFERRED TO]
NAVAYUGA ENGINEERING CO. P LTD VS. PUBLIC WORKS DEPARTMENT AND ANR [LAWS(DLH)-2016-3-27] [REFERRED TO]
KRISHAN LAL ARORA VS. UNION OF INDIA [LAWS(DLH)-2005-9-128] [REFERRED TO]
WEE AAR CONSTRUCTIVE BUILDERS VS. DELHI JAL BOARD [LAWS(DLH)-2004-7-14] [REFERRED TO]
SOUTHERN RAILWAY, HEAD QUARTERS OFFICE, PARK TOWN, CHENNAI VS. SANTHOSH BABU, S/O LATE VELAYUDHAN [LAWS(KER)-2022-1-35] [REFERRED TO]
M/S. RITES LTD. VS. M/S. BHARDWAJ CONSTRUCTION COMPANY PVT. LTD. [LAWS(JHAR)-2020-3-45] [REFERRED TO]
ENNORE PORT LIMITED VS. SKANSKA CEMENTATION INDIA LIMITED [LAWS(MAD)-2007-9-407] [REFERRED TO]
UNION OF INDIA VS. TRIMURTI ENTERPRISES [LAWS(PAT)-2009-4-86] [REFERRED TO]
BIRAM LAL VS. STATE [LAWS(RAJ)-2006-8-53] [REFERRED TO]
UNION OF INDIA VS. RAUNAQ INTERNATIONAL LTD [LAWS(SC)-2008-5-164] [REFERRED TO]
ASSAM STATE ELECTRICITY BOARD AND OTHERS VS. BUILDWORTH PVT LTD. [LAWS(SC)-2017-7-35] [REFERRED TO]
S P SINGLA CONSTRUCTIONS VS. U O I [LAWS(DLH)-2008-12-37] [REFERRED TO]
MOHD IQBAL VS. UOI [LAWS(DLH)-2008-2-250] [REFERRED TO]
UNION OF INDIA VS. BAHL BUILDERS (P) LTD [LAWS(DLH)-2008-8-395] [REFERRED]
UNION OF INDIA VS. ASHOKE TUBEWELL [LAWS(CAL)-2013-4-95] [REFERRED TO]
STATE OF WEST BENGAL VS. PAM DEVELOPMENTS PVT. LTD. [LAWS(CAL)-2016-11-42] [REFERRED TO]
GENERAL MANAGER N F RAILWAY MALIGAON VS. NASIM KHAN [LAWS(GAU)-2003-7-23] [FOLLOWED ON]
NINGOMBAM RANJIT SINGH VS. YUMNAM PREMILA DEVI [LAWS(GAU)-2005-7-10] [REFERRED TO]
STATE OF WEST BENGAL VS. AFCONS INFRASTRUCTURE LTD [LAWS(CAL)-2010-7-155] [REFERRED TO]
UNION OF INDIA VS. CEMENTONE [LAWS(CAL)-2011-2-95] [REFERRED TO]
SUPER EXPRESS CONSTRUCTION VS. PREM KUCOOP GROUP HOUSING SOC [LAWS(DLH)-2004-8-41] [REFERRED TO]
UNION OF INDIA (MINISTRY OF RAILWAYS) AND ORS. VS. J. SONS ENGINEERING CORPORATION LTD. AND ORS. [LAWS(DLH)-2015-4-89] [REFERRED TO]
VEENA MANGHANI VS. SUBHASH ARORA [LAWS(DLH)-2014-10-174] [REFERRED TO]
C.RAGHAVAN VS. SOUTHERN RAILWAY [LAWS(KER)-2012-11-293] [REFERRED TO]
TATA PROJECTS LTD. VS. NTPC LIMITED [LAWS(DLH)-2021-12-259] [REFERRED TO]
DELHI DEVELOPMENT AUTHORITY VS. SWASTIC CONSTRUCTION CO. [LAWS(DLH)-2023-1-366] [REFERRED TO]
P. P. THOMAS VS. STATE OF TAMIL NADU [LAWS(MAD)-2022-7-350] [REFERRED TO]
MINTOOLAL BRIJMOHANDAS VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2004-12-7] [REFERRED TO]
SHRIDHAR DUBEY VILL. ITORA POST SAGRA TEH. HUZUR DISTT. REWA VS. UNION OF INDIA [LAWS(MPH)-2016-6-69] [REFERRED TO]
UNION OF INDIA VS. HAJI C M ABDUL KHADER [LAWS(KER)-2019-12-83] [REFERRED TO]
UNION OF INDIA VS. CHENAB CONSTRUCTION COMPANY [LAWS(DLH)-2019-10-35] [REFERRED TO]
NATIONAL HYDROELECTRIC POWER CORPORATION LTD VS. VIJAY KUMAR SHARMA [LAWS(HPH)-2013-1-97] [REFERRED]
SADHU SINGH AND COMPANY VS. NATIONAL PROJECTS CONSTRUCTION CO. [LAWS(HPH)-2011-6-140] [REFERRED TO]
UNION OF INDIA VS. J N CONSTRUCTIONS [LAWS(DLH)-2003-10-74] [REFERRED]
B.B.R. CONSTRUCTION COMPANY VS. UNION OF INDIA [LAWS(CAL)-2020-3-53] [REFERRED TO]
LAISHRAM IBOMCHA SINGH VS. STATE OF MANIPUR [LAWS(GAU)-2007-4-40] [REFERRED TO]
SUBHASH AND CO VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2006-9-64] [REFERRED TO]
UNION OF INDIA VS. JAY CONSTRUCTION [LAWS(BOM)-2011-1-48] [REFERRED TO]
PRABHUBHAI JADHAVJI RATHOD VS. UNION OF INDIA [LAWS(BOM)-2008-2-83] [REFERRED TO]
UNION OF INDIA VS. ANUPAM BUILDER [LAWS(BOM)-2003-2-70] [REFERRED TO]
HINDUSTHAN PETROLEUM CORPORATION LTD VS. INDWELL CONSTRUCTIONS LTD [LAWS(APH)-2009-10-43] [REFERRED TO]
SARVASEVA SANGH PRAKASHAN VS. UNION OF INDIA [LAWS(APH)-2009-10-75] [REFERRED TO]
T A CHOUDHARY VS. STATE OF A P [LAWS(APH)-2003-5-23] [REFERRED TO]
STATE OF ANDHRA PRADESH SUPERINTENDING ENGINEER NAGARJUNA SAGAR LEFT CANALS KRISHNA DISTRICT VS. K KRISHNAM RAJU [LAWS(APH)-2003-9-117] [REFERRED TO]
PUBLIC WORKS DEPARTMENT VS. M/S. NAVAYUGA ENGINEERING CO LTD. & ANR. [LAWS(DLH)-2014-3-367] [REFERRED TO]
BOMBAY CONTAINER TERMINALS PVT. LTD VS. CENTRAL WAREHOUSING CORPORATION [LAWS(DLH)-2012-9-323] [REFERRED TO]
JIVNAS MARKETING VS. CONTAINER CORPORATION OF INDIA [LAWS(DLH)-2013-9-92] [REFERRED TO]
VIDHYAWATI CONSTRUCTION CO VS. UNION OF INDIA [LAWS(MPH)-2005-10-29] [REFERRED TO]
UNION OF INDIA VS. H B LALWANI [LAWS(MPH)-2003-1-70] [REFERRED TO]
ATLANTA LIMITED VS. UNION OF INDIA [LAWS(SC)-2022-1-56] [REFERRED TO]
D K JAIN VS. UNION OF INDIA [LAWS(DLH)-2005-9-139] [REFERRED TO]
GUJARAT MINERAL DEVELOPMENT CORPORATION LTD. VS. SIMPLEX INFRASTRUCTURE LIMITED [LAWS(GJH)-2017-6-199] [REFERRED TO]
NAPC LIMITED VS. SUPERINTENDING ENGINEER, NATIONAL HIGHWAYS [LAWS(MAD)-2019-7-57] [REFERRED TO]
CHIEF ENGINEER KARNATAKA HEALTH SYSTEMS DEVELOPMENT PROJECT BANGALORE VS. J CHENGAMA NAIDU [LAWS(KAR)-2010-7-9] [REFERRED TO]
ANAS BABU VS. UNION OF INDIA [LAWS(KER)-2017-10-142] [REFERRED TO]
NTPC LTD VS. DECONAR SERVICES PVT LTD [LAWS(DLH)-2010-4-102] [REFERRED TO]
ESCORTS COMMUNICATIONS LTD. VS. UNION OF INDIA (UOI) [LAWS(DLH)-2009-5-337] [REFERRED TO]
UNION OF INDIA VS. J G ENGINEERS PVT LTD [LAWS(GAU)-2005-2-21] [REFERRED TO]
WEST BENGAL HOUSING BOARD VS. CIVCON CONSTRUCTION PVT. LTD. [LAWS(CAL)-2020-3-25] [REFERRED TO]
STATE OF WEST BENGAL VS. AFCONS PAULING (INDIA) LIMITED [LAWS(CAL)-2013-9-16] [REFERRED TO]
NATIONAL BUILDINGS CONSTRUCTION CORPORATION LTD. VS. CHIEF EXECUTIVE OFFICER, DELHI JAL BOARD & ANR. [LAWS(DLH)-2012-12-326] [REFERRED TO]
UNION OF INDIA (UOI) VS. BUILDERS CORPORATION PVT. LTD. [LAWS(CAL)-2007-12-68] [REFERRED TO]
UNION OF INDIA VS. PAM DEVELOPMENT PVT LTD [LAWS(CAL)-2005-6-16] [REFERRED TO]
UNION OF INDIA VS. CHITTA RANJAN MAITY [LAWS(CAL)-2009-1-29] [REFERRED TO]
THEME ENGINEERING SERVICES PVT. LTD VS. RAIL VIKAS NIGAM LTD [LAWS(DLH)-2018-4-546] [REFERRED TO]
DELHI DEVELOPMENT AUTHORITY VS. R S SHARMA AND CO [LAWS(SC)-2008-8-76] [REFERRED TO]
NTPC LTD VS. DECONAR SERVICES [LAWS(SC)-2021-3-108] [REFERRED TO]
RAGHUL CONSTRUCTION ENGINEERS VS. NTPC [LAWS(KER)-2005-8-67] [REFERRED TO]
LAXMINARAYAN VS. SHIVLAL GUJAR AND OTHERS [LAWS(MPH)-2002-10-121] [REFERRED TO]
PAWAN KUMAR JAIN VS. UNION OF INDIA [LAWS(MPH)-2009-7-26] [REFERRED TO]
CENTRAL WAREHOUSING CORPORATION VS. RAM NARAYAN INDORIA [LAWS(PAT)-2009-2-4] [REFERRED TO]
GAIL INDIA LTD VS. PARAMOUNT LTD [LAWS(DLH)-2010-4-439] [REFERRED]
GAIL INDIA LTD VS. PARAMOUNT LTD [LAWS(DLH)-2010-4-439] [REFERRED]
DECONAR SERVICES PVT. LTD. VS. NATIONAL THERMAL POWER CORPORATION LIMITED [LAWS(DLH)-2009-12-223] [REFERRED TO]
NAOREM SURCHAND SINGH VS. STATE OF MANIPUR [LAWS(GAU)-2005-8-4] [REFERRED TO]
K NIRANJAN SRI K SATYANARAYANA VS. OSMANIA UNIVERSITY HYDERABAD [LAWS(APH)-2009-12-26] [REFERRED TO]
A S K MURTHY VS. SENIOR DIVISIONAL ENGINEER SOUTH S C RAILWAY [LAWS(APH)-2006-8-87] [REFERRED TO]
HARSHA CONSTRUCTIONS VS. UNION OF INDIA [LAWS(APH)-2005-9-87] [REFERRED TO]
MORADABAD DEVELOPMENT AUTHORITY THROUGH ITS SECRETARY VS. V R CONSTRUCTIONS AND ENGINEERING COMPANY THROUGH ITS PARTNER NASIM AKHTAR AND SALIM AKHTAR [LAWS(ALL)-2007-11-223] [REFERRED]
UNION OF INDIA VS. INLAND CONSTRUCTION COMPANY [LAWS(CAL)-2011-4-85] [REFERRED TO]
INSTITUTE OF GEOINFORMATICS (P) LTD. VS. INDIAN OIL CORPORATION LTD. AND ORS. [LAWS(DLH)-2015-5-188] [REFERRED TO]
PCLIT SOLUTIONS PVT LTD VS. MTECH SOLUTIONS [LAWS(DLH)-2014-10-148] [REFERRED TO]
SHOLAY MEDIA ENTERTAINMENT PVT.LTD. VS. NARENDRA HIRAWAT AND CO. [LAWS(BOM)-2021-8-154] [REFERRED TO]
ORIENTAL INSURANCE CO. LTD VS. HCL INFOSYSTEMS LIMITED [LAWS(DLH)-2023-3-69] [REFERRED TO]
MAHAVIR PRASAD VS. UNION OF INDIA [LAWS(DLH)-2005-9-5] [RELIED ON]
M/S. GANAPATHI ENGINEERING COMPANY, HYDERABAD VS. UNION OF INDIA AND OTHERS [LAWS(KAR)-2016-8-226] [REFERRED TO]
OIL AND NATURAL GAS COMMISSION VS. SAW PIPES LIMITED [LAWS(SC)-2003-4-89] [REFERRED . (PARA 54)]
BHARAT SANCHAR NIGAM LTD VS. MOTOROLA INDIA PVT LTD [LAWS(SC)-2008-9-63] [REFERRED TO]
INDIAN TELEPHONE INDUSTRY LTD VS. MADAN LAL [LAWS(RAJ)-2002-11-23] [REFERRED TO]
NATIONAL BUILDINGS CONSTRUCTION CORP. (NBCC) LTD. VS. M/S NATAVARLAL M. PATEL [LAWS(ALL)-2017-3-206] [REFERRED TO]
SHAHI SHIPPING LTD VS. OIL AND NATURAL GAS CORPORATION LIMITED [LAWS(BOM)-2018-12-144] [REFERRED TO]
UNION OF INDIA VS. SATYA PRAKASH & BROS PVT. LTD. [LAWS(DLH)-2017-3-340] [REFERRED TO]
THEME ENGINEERING SERVICES PVT. LTD. VS. RAIL VIKAS NIGAM LTD. [LAWS(DLH)-2019-10-34] [REFERRED TO]
MORTHA LAKSHMI VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2016-2-51] [REFERRED TO]
TARAPORE AND CO VS. HINDUSTAN STEEL WORKS CONSTRUCTION LTD [LAWS(APH)-2010-4-47] [REFERRED TO]
GENERAL MANAGER NF RAILWAY MALIGAON VS. NASIM KHAN [LAWS(GAU)-2003-7-8] [REFERRED TO]
ASSAM STATE ELECTRICITY BOARD VS. BUILDWORTH PVT LTD [LAWS(GAU)-2006-11-52] [REFERRED TO]
BONGAIGAON REFINARY AND PETROCHEMICALS LTD VS. G R ENGINEERING WORKS LTD [LAWS(GAU)-2014-1-58] [REFERRED TO]
RISHAB AGRO PRODUCTS LIMITED VS. UNION OF INDIA [LAWS(DLH)-2002-3-21] [REFERRED]
UNION OF INDIA VS. TEJINDER KUMAR DUA [LAWS(DLH)-2013-4-24] [REFERRED TO]
AZIZUR REHMAN GULAM VS. RADIO RESTAURANT [LAWS(BOM)-2023-10-101] [REFERRED TO]
UNION OF INDIA VS. BRIGHT POWER PROJECT (I) PVT. LTD. [LAWS(BOM)-2015-4-25] [REFERRED TO]
KARAM CHAND THAPAR VS. NATIONAL HYDROELECTRIC POWER CORP [LAWS(DLH)-2009-10-62] [REFERRED TO]
MODERN SUPPLIERS VS. UNION OF INDIA (UOI) AND ANR. [LAWS(DLH)-2009-3-277] [REFERRED TO]
UNION OF INDIA (UOI) VS. DAULAT RAM INDUSTRIES [LAWS(DLH)-2009-4-346] [REFERRED TO]
SUDHIR BROS VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2009-9-112] [REFERRED TO]
KARAM CHAND THAPAR VS. NATIONAL HYDRO ELECTRIC POWER CORPORATION LTD [LAWS(DLH)-2011-11-35] [REFERRED TO]
STATE OF WEST BENGAL VS. N BHAKAT [LAWS(CAL)-2012-3-112] [REFERRED TO]
EXECUTIVE ENGINEER VS. ANIL SHARMA, PROPRIETARY [LAWS(JHAR)-2020-8-37] [REFERRED TO]
BHARAT MISHRA VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-1-108] [REFERRED TO]
BRAITHWAITE BURN AND JESSOP CONSTRUCTION COMPANY LIMITED VS. RAIL VIKAS NIGAM LTD [LAWS(DLH)-2019-4-351] [REFERRED TO]
NARASIMHASWAMI CONSTRUCTIONS, MAHESHWAR NIWAS VS. UNION OF INDIA [LAWS(KAR)-2019-1-6] [REFERRED TO]
NATIONAL PROJECTS CONSTRUCTION CORPORATION LTD VS. ROYAL CONSTUCTION COMPANY PVT LTD [LAWS(DLH)-2008-5-149] [REFERRED TO]
UNION OF INDIA THRU DY. CHIEF ENGINEER NORTHERN RAILWAYS VS. TRG INDUSTRIES PVT. LTDIL [LAWS(DLH)-2009-10-216] [REFERRED TO]
MERCURY METAL CORPORATION PARTNER GRANDHI SUBBA RAO VS. A P BACKWARD CLASSES CO-OPERATIVE FINANCE CORPORATION LIMITED [LAWS(APH)-2009-12-43] [REFERRED TO]
DHIRUBAI D AND COMPANY ENGINEERS AND CONTRACTORS VS. NIZAM SUGAR FACTORY LIMITED [LAWS(APH)-2009-12-94] [REFERRED TO]
GOVERNMENT OF ANDHRA PRADESH VS. VENKATESWARA CONSTRUCTION CO KAKINADA [LAWS(APH)-2002-5-1] [REFERRED TO]
STATE OF WEST BENGAL VS. BRIGHT CONSTRUCTION [LAWS(CAL)-2005-8-106] [REFERRED TO]
STATE OF WEST BENGAL VS. AFCON INFRASTRUCTURE LTD [LAWS(CAL)-2010-1-56] [REFERRED TO]
VAISH BROTHERS VS. UNION OF INDIA [LAWS(DLH)-2004-9-94] [REFERRED TO]
SHREE SHIRIDI SAI BABA CONSTRUCTIONS VS. UNION OF INDIA [LAWS(APH)-2011-9-42] [REFERRED TO]
STATE OF WEST BENGAL VS. PAM DEVELOPMENTS PVT. LTD. [LAWS(CAL)-2017-10-2] [REFERRED TO]
STATE OF WEST BENGAL VS. PAM DEVELOPMENTS PRIVATE LIMITED [LAWS(CAL)-2017-9-187] [REFERRED TO]
UNION OF INDIA VS. SHIBBOO MAL AND SONS [LAWS(P&H)-2002-11-64] [REFERRED TO]
M/S. IRCON INTERNATIONAL LIMITED VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2020-1-461] [REFERRED TO]
AKM CONSTRUCTION & ENGG. COMPANY VS. COMMANDER WORKS ENGINEER [LAWS(P&H)-2006-9-37] [REFERRED TO]
RAJENDRA KUMAR VS. UNION OF INDIA [LAWS(MPH)-2014-5-258] [REFERRED TO]
MUKESH AND COMPANY TOBACCO PRODUCTS PVT LTD VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2008-11-55] [REFERRED TO]
UNION OF INDIA VS. CHANDALAVADA GOPALAKRISHNA MURTHY & ORS. [LAWS(SC)-2008-4-231] [REFERRED TO]
STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY VS. E UMMER BAVA [LAWS(KER)-2018-6-300] [REFERRED TO]
M. RAJKUMAR VS. THE GENERAL MANAGER, SOUTHERN RAILWAY [LAWS(MAD)-2015-3-63] [REFERRED TO]
ASHOKA BUILDCON LIMITED AND ANR. VS. NATIONAL HIGHWAYS AUTHORITY OF INDIA AND ORS. [LAWS(DLH)-2017-3-26] [REFERRED TO]
NATIONAL BUILDINGS CONSTRUCTION CORP. (NBCC) LTD. VS. M/S NATAVARLAL M. PATEL [LAWS(DLH)-2017-3-224] [REFERRED TO]
LIFT AND SHIFT INDIA PVT. LTD. VS. CENTRAL WAREHOUSING CORPORATION [LAWS(DLH)-2017-3-106] [REFERRED TO]
ASHOKA BUILDCON PVTLTD VS. VADILAL DAIRY INTERNATIONAL LTD [LAWS(BOM)-2009-9-14] [REFERRED TO]
UNION OF INDIA VS. SAGAR THERMIT CORP LTD [LAWS(BOM)-2011-1-45] [REFERRED TO]
UNION OF INDIA VS. MADNANI CONSTRUCTION CORPORATION (P) LIMITED [LAWS(ALL)-2003-4-320] [REFERRED]
M VENKATA RAO VS. UNION OF INDIA REP [LAWS(APH)-2008-1-31] [REFERRED TO]
HINDUSTHAN PETROLEUM CORPORATION LTD VS. INDWELL CONSTRUCTIONS LTD [LAWS(APH)-2009-10-27] [REFERRED TO]
BONGAIGAON REFINARY & PETROCHEMICALS LTD. VS. G.R. ENGINEERING WORKS LTD. [LAWS(GAU)-2015-1-5] [REFERRED TO]
OIL & NATURAL GAS CORPORATION LTD VS. ASTRA CONSTRUCTION PVT. LTD [LAWS(GAU)-2012-8-66] [REFERRED TO]
ANSAR CRAFTS VS. AYUSHI ENTERPRISES [LAWS(DLH)-2011-1-398] [REFERRED TO]
DELHI DEVELOPMENT AUTHORITY VS. BHARAT FURNISHING COMPANY [LAWS(DLH)-2009-7-55] [REFERRED TO]
LLOYD INSULATIONS INDIA PVT LTD VS. CEMENT CORPORATION OF INDIA LTD [LAWS(DLH)-2006-2-69] [REFERRED TO]
PARESH A KOTHARI VS. UNION OF INDIA [LAWS(GJH)-2010-6-20] [REFERRED TO]
C. & C CONSTRUCTIONS LTD. VS. IRCON INTERNATIONAL LTD. [LAWS(DLH)-2021-3-58] [REFERRED TO]
SATISH KUMAR VIJ VS. STATE OF HIMACHAL PRADESH AND ORS. [LAWS(HPH)-2013-8-68] [REFERRED TO]
NATIONAL HIGHWAYS AUTHORITY OF INDIA VS. LANCO INFRATECH LTD. [LAWS(DLH)-2014-3-231] [REFERRED TO]
HINDUSTAN CONSTRUCTION CO LTD VS. UNION OF INDIA [LAWS(BOM)-2006-12-95] [REFERRED TO]
STATE OF KERALA VS. T E MOHAMMED KUNJU [LAWS(KER)-2008-4-18] [REFERRED TO]
STATE OF KERALA VS. P K RAMACHANDRAN [LAWS(KER)-2002-11-61] [REFERRED TO]


JUDGEMENT

R. C. Lahoti, J. - (1.)The respondent was granted by the appellants work of construction on bored piles 500 mm dia by cast in Situ method for widening and raising of Pul Mithai (S). A contract was entered into between the parties on 27-4-1985. The contract is subject to the General conditions of the contract of Railways read with Special Conditions. Disputes arose between the parties and the respondent moved a petition under Section 20 of the Arbitration Act, 1940 praying for the arbitration agreement being filed in the Court and six claims set out in the petition being referred to the Arbitrator for settlement. The learned single Judge of the High Court of Delhi (Original Side) directed two claims to be referred but as to claims numbers 3 to 6 formed an opinion that the claims being 'excepted matters' within the meaning of Clause 63 of General Conditions of Contract were not liable to be referred to arbitration. An intra Court Appeal preferred by respondent has been allowed and the four claims have also been directed to be referred by the Division Bench to arbitrator on forming an opinion that they were not covered by 'excepted matters'. The appellants have filed this petition seeking special leave to appeal against the decision of Division Bench.
(2.)Leave granted.
(3.)Clause 63 of the General Conditions of the Contract provides as under :-
"Matters finally determined by the Railway - All disputes and differences of any kind whatsoever arising out of or in connection with the contract, whether during the progress of the work or after its completion and whether before or after the determination of the contract, shall be referred by the contractor to the Railway and the Railway shall within a reasonable time after receipt of the Contractor's representation make and notify decisions on all matters referred to by the contractor in writing provided that matters for which provision has been made in clauses 18, 22(5), 39, 45(a), 55, 55-A(5), 61(2) and 62(1) (XII)(B)(e)(b) of the General Conditions of Contract or in any clause of the special conditions of the contract shall be deemed as excepted matters and decisions thereon shall be final and binding on the contractor provided further that excepted matters shall stand specifically excluded from the purview of the arbitration clause and not be referred to arbitration."



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