Full Judgment Text
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PETITIONER:
SANJOY INDUSTRIAL AND ENGINEERING COMPANY
Vs.
RESPONDENT:
THE STATE OF BIHAR & ORS.
DATE OF JUDGMENT06/12/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
FAIZAN UDDIN (J)
KIRPAL B.N. (J)
CITATION:
1995 SCALE (7)300
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
Heard the counsel on both sides. Since the Civil Court
and the High Court have gone into the question whether the
letter dated July 5, 1979 is part of the agreement dated
July 17, 1979 and have held that the letter did not form an
integral part of the agreement, the agreement does not
contain any obligation to pay at the rate of Rs.432/- per
Hume pipe to the appellant. This being a finding of fact, we
do not find any error of law warranting interference.
It is next contended that the arbitrator committed
legal misconduct in declining to grant the amount claimed.
We do not find any substance in the contention. Moreover,
the contention was not argued in the High Court. Therefore,
we cannot allow the counsel to address this contention here
in this appeal.
The appeal is dismissed. No costs.