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. The parties had entered into a written
agreement for construction of sub-structure above well
cap & super structure of South approach Rail via-duct in
connection with Ganga Rail-cum-Road Bridge Project,
Patna dated 05.07.2010. The agreement contained
clause No. 63 for settlement of disputes.
3. A communication was made by the
petitioner to the General Manager, East Central Railway
specifying the claims and the nature of dispute between
the parties, which communication was not responded by
the railways.
4. This Court, vide judgment dated
15.12.2021, referred to above, found that the conditions
of clause 63 were not fulfilled. It was also noted that the
Supreme Court in Central Organisation for Railway
Electrification vs. ECI-SPIC-SMO-MCML (JV) :
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