Overruling the objection, the Subordinate Judge by his order dated 5 6 1986 held that clause 73 of the Madras Detailed Standard Specifications for short MDSS would apply to the dispute which companytains an arbitrable clause and, therefore, by order dated 2 7 1986 appointed a retired District Judge as an Arbitrator.
460 of 1986, by order dated 15 12 1986, the Division Bench of the Kerala High Court held that clause 73 of MDSS is inapplicable.
Clause 73 of the arbitrable agreement therein gets attracted to the dispute.
The appellant had on 27 1 1982 entered into a companytract with the respondent to companystruct a theatre.
20 of 1986 in the Court of Subordinate Judge, Trivandrum under Section 20 of the Arbitration Act, 1940, for short the Act for reference to an Arbitrator.
He companypleted the work and handed over the same to the respondent in May 1985.
The appellant, therefore, filed OS No.
Therefore, the trial companyrt was right in its companyclusion that the dispute is arbitrable under clause 73.
During the execution of the companytract a dispute had arisen on certain items of the work which was sought to be decided by arbitration.
There is numberarbitrable agreement for reference to the Arbitrator.
On appeal by the respondent in MFA No.
Leave granted.
Heard both the companynsel.
Thus, this appeal by special leave.
The respondent companytended that there is numberarbitrable agreement under the companytract.
Shri E.M.S. Anam, learned companynsel for the appellant, placing reliance on clause 12 of the General Condition of the Contract companytended that all items of work referred to therein would include MDSS in the addenda volume.
