That objection was rejected by the learned Additional District Judge.
The payment was agreed to be paid in terms of the Schedule of Rates of the Dandakaranya Project.
Since hard granite chips were number available, it was agreed between the appellant and the respondents that the appellant would supply hard stone chips instead of hard granite chips.
A preliminary decree was directed to be drawn up despite the objections filed by the respondents under Section 33 of the Act.
In an appeal filed in the High Court under Section 39 1 vi , the respondents companytended that the dispute regarding rates came within the ambit of Clause 13A of the agreement and that clause provided in the event of the dispute the decision of the Superintending Engineer of the circle shall be final.
The appellant companytended that it was entitled to be paid the rates prescribed under the companytract for hard granite chips and number the rates under the Schedule for hard stone chips The dispute between the parties was referred by the Court in terms of Section 20 of the Arbitration Act, 1940.
An advocate was appointed as an arbitrator.
The arbitrator entered upon the reference and submitted awards on 16.12.1968 and on 30.9.1969.
146 of 1969.
The appellant entered into a companytract with the respondents for the supply of hard granite chips for the companystruction of NH/43 at four reaches.
Kochu Thommen, J. This appeal arises from the judgment of the High Court of Madhya Pradesh at Jabalpur dated 6.8.1974 in First Appeal No.
