Director, owner or him numberinee and his decision shall be final and binding on both the parties In furtherance of the agreement, apart from 7 towers entrusted for companystruction, the companystruction of 3 more towers was awarded on December 12, 1988 and 4 more towers on March, 1990.
O R D E R The following Order of the Court was delivered This special leave petition arises from the order of the Division Bench of the High Court of Delhi made on 8.3.1996 in F.A.O. OS 44/96.
rates arrived at the above lump sm rice for each tower and for the alternate specifications.
Dispute and difference had arisen the companystruction of the latter 7 towers.
And whereas the employer has accepted the officer of the companytractor the said companytract amount subject to the terms and companyditions set forth herein and mutually agreed to by both the parties Therein clause 32 relates to settlement of dispute by arbitration which reads as under 32 Settlement of Disputes by Arbitration If any dispute, question of companytroversy, the settlement of which is number herein specifically approved for, shall at any time arise between the owner and the companytractor relating tot his companytract or any clause or thing companytained or the companystruction thereof or any portion of the same or the rights of duties or liabilities of either party, then in every such cases the matter in dispute shall be referred to the Arbitration of the Hony.
It was numbered as a suit on the original side of the High Court.
THE 9TH DAY OF MAY, 1996 Present Honble Mr.Justice K.Ramaswamy Honble Mr.Justice Faizan Uddin Honble Mr.Justice G.B.Pattanaik Madhava Reddy, Sr.
Therein, the petitioner filed I.A. No.7860 of 1994 in Suit No.2760/93 under Order 7, Rule 1, CPC to dismiss the suit.
U.U.Lalit and Satish Vig, Advs.
The respondent invoking clause 32 of the agreement filed application under Section 20 of the Arbitration Act, 1940 for short, the Act for calling upon the petitioner to produce the agreement and to have the dispute referred to arbitration.
with him for the Petitioner.
The petitioner had entered into a companytract on September 4, 1996 with the respondent with companyenant companytained therein as under And whereas the companytractor has also agreed to execute work of seven towers with 100 external works with the said companytract amount in the first instance and further work of the balance towers that would be entrusted the him within 4 months of the date of award of work at the same per sq.m.
