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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.