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M S Khurana Engineering Limited vs Gandhinagar Urban Development ... on 30 August, 2019 cites

Om Construction Co vs Ahmedabad Municipal Corp.& Anr on 13 January, 2009

The Clause 60 in respect of price variation is scored off entirely along with the caption and 60A is inserted. Similarly, Clauses 72, 73 and 77 have been scored off along with their captions. As against this, Clause no.30 clearly indicate that the said clause is partly retained as the scoring off is only qua the procedure as could be seen from page no.97 where the clause 30 the arbitration is figuring. The learned counsel for the petitioner's reliance upon the observation of Om Construction (supra) would therefore, clearly indicate that the lack of procedure or prescription of the procedure cannot permit parties to wriggle out of their initial agreement to submit to the arbitration. The decision cited at the bar on behalf of the respondent so far as, their ratio and proposition of law concerned, cannot be disputed, but they proceed on the premise with regard to the arbitration clause and its existence, whereas in the instant case, the scoring off of part of the clause and leaving the clause 30 with its caption intact with an assurance to supply a separate sheet would conclusively be indicative of the fact that there existed a clear intention of parties to submit to the arbitration tribunal in case of the dispute.
Supreme Court of India Cites 9 - Cited by 24 - A Kabir - Full Document

Executive Engineer, R.E.O. vs Suresh Chandra Panda (Dead) Through Lrs on 12 January, 1999

In fact, in Executive Engineer RCO vs. Suresh Chandra Panda [1999 (9) SCC 92], this Court considered the effect of the said clause relating to execution of non­tendered items, vis­ `­vis clause 23 in a pre­1981 contract. This court held that the said clause (then numbered as clause 11, numbered as clause 10 in subsequent contracts) was a provision which excluded the issue relating to finality of rates, from the scope of arbitration agreement contained in clause 23 on the following reasoning :
Supreme Court of India Cites 3 - Cited by 15 - S V Manohar - Full Document
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