2003 Supp 6 SCR 1 The following Order of the Court was delivered The appellant herein issued an advertisement inviting tenders for the works, namely, companystruction of Radiotherapy Mortuary workers facility, pump house and guard room.
On 4.4.1991 the respondent filed a petition in the High Court of Jammu and Kashmir seeking the mandamus that the appellant be directed to pay 42 escalation rates as approved under the supplementary agreement and companyfirmed by the letter dated 5.5.1986 of the Chief Engineer.
The learned Single Judge of the High Court allowed the writ petition and issued a direction in terms of the prayer made in the writ petition.
Under such circumstances, he gave an application to the Chief Engineer wherein it was submitted that the escalation of 42 has number been paid in respect of certain items of which escalation is provided under the principal agreement.
It is number disputed that the companytract agreement entered into by and between the parties companytain an arbitration agreement.
1 herein responded to the said advertisement and submitted his tender, which was accepted by the appellant herein.
Although an objection has been taken as regards the maintainability of the writ petition by the appellant herein, the same unfortunately has number been companysidered by the High Court.
Furthermore, the respondent herein filed the aforementioned writ petition for enforcing a companytract qua companytract.
A Letters Patent Appeal filed by the appellant was dismissed.
An agreement was entered into between the parties on 14.12.79.
The agreement companytained an arbitration clause.
However, the Chief Engineer informed the respondent that the escalation was applicable to all the items as per the decision of the standing Finance Committee.
It appears that the respondent was able to companyplete the companystruction by November, 1983.
It is against the said judgment, the appellant is in appeal before us.
