M DAYANAND REDDY Vs. A P INDUSTRIAL INFRASTRUCTURE CORPORATION LTD
LAWS(APH)-1992-3-57
HIGH COURT OF ANDHRA PRADESH
Decided on March 21,1992

M.DAYANAND REDDY Appellant
VERSUS
A.P.INDUSTRIAL INFRASTRUCTURE CORPORATION LTD, HYDERABAD Respondents




JUDGEMENT

A.Gopal Rao, J. - (1.)1. This petition is to review the order of this Court dated 19-2-1992 passed in C.R.P.No.2269 of 1991.
(2.)After hearing the learned Counsel appearing for the petitioner as well as the respondents at length, it was held in C.R.P.No.2269 of 1991 that, Ex. A-3 is not a duplicate copy of Ex.B-1 and the clauses in Ex.A-3 are totally different from those contained in Bx.B-1. It was also held that, since bom the parties have signed the agreement Ex.B-1, viz., the Corporation and the Contractor, the clauses in that agreement (Ex.B-1) alone bind the parties. It was further held that a mere reference to the A.P. Detailed Standard Specifications in the agreement does not, by itself, give scope to assume the existence of the arbitration clause, which was not, in fact, incorporated in the agreement.
(3.)The learned Counsel for the petitioner seeks review of the abovesaid order on the ground that, the petitioner is left without a remedy as he cannot now file a suit and also on the ground that the principle of 'promissory estoppel' is attracted to the facts of the case which was, by mistake, not brought to the notice of the Court earlier at the time of hearing the Civil Revision Petition. To substantiate the second contention referred to above, the learned Counsel for the petitioner wants to rely upon the decisions rendered in: M.P.Sugar Mills's. State of U.P., Delhi C & G Mills Ltd. vs. Union of India; Asst. Commr. Commercial Taxes (Asst) vs. Dharmendra Trading Co., and Santan Gauda vs. Berhampur University.
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