Industrial and Engineering Company Vs. The State of Bihar & Ors  INSC
797 (6 December 1995)
K.Ramaswamy, K.Faizan Uddin (J) Kirpal B.N. (J)
1995 SCALE (7)300
O R D
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.
next contended that the arbitrator committed legal misconduct in declining to
grant the amount claimed.
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.
appeal is dismissed. No costs.