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Himachal Pradesh Court May 1978 Judgments

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May 24 1978

Paramjit Singh Vs. State of Himachal Pradesh

Court: Himachal Pradesh

Decided on: May-24-1978

Reported in: AIR1979HP17

T.U. Mehta, Ag. C.J.1. This petition is filed under Sections 30 and 33 of the Indian Arbitration Act, 1940 for setting aside the award given by one Mr. M. L. Bansal, Superintending Engineer, 3rd Circle, Himachal Pradesh Public Works Department, Solan on 20th Nov. 1974 as Arbitrator.2. The petitioner is a bridge contractor and had undertaken construction work of a bridge across Manal Khad as per agreement dated 23rd Dec. 1970. Disputes arose between 'the parties with regard to this contract with the result that as per Clause (25) of the agreement the Chief Engineer appointed the above referred Mr. M. L. Bansal as the sola Arbitrator.3. At the time when Mr. Bansal was appointed as Arbitrator, he was working as Superintending Engineer, 2nd Circle, Simla. It is found that thereafter Mr. Bansal was transferred as Superintending Engineer, 3rd Circle, Solan. The contract work, with regard to which thedispute had arisen, was required to be done within the jurisdiction of Superintending Enginee...


May 17 1978

H.P. State Co-operative Bank Ltd. Vs. Smt. Naroo Devi and ors.

Court: Himachal Pradesh

Decided on: May-17-1978

Reported in: AIR1979HP1

1. This appeal has been filed by the Himachal Pradesh State Co-operative Bank Ltd.--decree-holder against the judgment and decree, dated 29th June, 1965 whereby the learned Senior Sub Judge, Chamba, allowed the objection-petition filed under Section 47 C. P. C. of late Shri Dharam Chand, judgment debtor filed on 6-11-1963 opposing the execution of the award obtained by the Chamba State Central Cooperative Bank Limited on 31-3-1952.2. The facts of this case may briefly be stated as under :3. Sarvshri Brij Lal and Anant Ram principal debtors borrowed Rs. 7,000/- on 14-11-1946 vide agreement Exhibit DB on the sureties of Sarvshri Madho Ram and Mohan Lal for its due payment, from the Chamba State Central Co-operative Bank Limited. Another loan of Rs. 10,000/- was taken on 3-2-1947 vide agreement Exhibit DA on the sureties of Sarvshri Dharam Chand and Raghubir Dass, When the debtors failed to make the payment the matter was referred to the arbitrator by the Registrar, Co-operative Societies...


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