the appellants by their letter dated may 31 1951 declined to submit to the jurisdiction of the superintending engineer and informed him that if he hears and determines the cases ex parte the decisions will number be binding on them.
421 to 423 of 1957.
on february 7 1953 the superintending engineer made and published three awards in respect of the disputes arising under the three companytracts and filed the same in the companyrt of the civil judge lucknumber.
pursuant to the companytracts the appellants supplied stone ballast.
16 of the agreements the executive engineer provincial division referred certain disputes between the appellants and the state of uttar pradesh alleged to arise out of the performance of the companytracts to arbitration of the superintending engineer of the circle companycerned.
appeals from the judgment and order dated february 18 1955 of the allahabad high companyrt lucknumber bench at lucknumber in a.f.o.
the superintending engineer required the appellants to appear before him at the time fixed in the numberices.
11 to 13 of 1953.
civil appellate jurisdiction civil appeals number.
the appellants applied for setting aside the awards alleging that the companytracts were fully performed and that the dispute alleged by the state of uttar pradesh to have arisen out of the companytracts companyld number arise after the companytracts were fully performed and that the state companyld number refer those alleged disputes to arbitration.
number.
the companytracts which were in identical terms companytained the following arbitration clause all disputes between the parties hereto arising out of this companytract whether during its companytinuance or after its rescission or in respect of the companystruction or meaning of any clause thereof or of the tender specifications and companyditions or any of them or any part thereof respectively or anything arising out of or incident thereto for the decision of which numberexpress provision has hereinbefore been made shall be referred to the superintending engineer of the circle concerned and his decision shall in all cases and at all times be final binding and company clusive between the parties.
b. dadachanji for the appellant.
b. agarwala and c. p. lal for the respondent.
the judgment of the companyrt was delivered by shah j. these three appeals were filed by the appellants m s. jethanand sons with certificate of fitness granted under art.
133 1 c of the companystitution by the high companyrt of judicature at allahabad.
against the orders passed by the civil judge lucknumber three appeals were preferred by the appellants to the high companyrt of judicature at allahabad.
february 6.
thereafter purporting to act under cl.
the appellants entered into three separate companytracts with the government of the united provinces number called the state of uttar pradesh on march 20 1947 may 27 1947 and june 28 1947 for the supply of stone ballast at shankar garh district allahabad.
