HINDUSTAN CONSTRUCTION CO LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS Arbitration Suit has been referred to the division Bench in view of the order dated 19th April, 1988, passed by the learned single Judge.

(2.) THE Reference order dated 19th April, 1988, reads thus: <FRM>JUDGEMENT_687_TLMHH0_2006Html1.htm</FRM> If, in any case, the accepted offer includes some specific payment to be made to consultants or some materials supplied by railway at fixed rate, such payments shall be excluded from the gross value of the work for purpose of payment/recovery of variations. The amount of variation in prices in the several components (labour, materials, etc.)shall be worked out by the following formulae:-

(3.) THE necessity of reference seems to have arisen as the learned single Judge found that there was difference of opinion by the two single Judges of this court on the question whether there is any dispute or difference arising out of the contract which would necessitate the reference.