TMI Blog1980 (2) TMI 254X X X X Extracts X X X X X X X X Extracts X X X X ..... ad accepting an application under Section 115 of the CPC, setting aside the orders of the Courts below and directing that the application made by the defendant under Section 34 of the Arbitration Act shall stand rejected so that the suit would proceed. 2. The suit out of which this appeal has arisen was filed by the respondent before us for recovery of Rs. 2,000/- on account of dues recoverable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the execution or failure to execute the same, whether arising during the progress of the work, or after the completion or abandonment of the contract by the contractor, shall also be final, conclusive and binding on the contractor. 3. The defendant respondent made an application under Section 34 of the Arbitration Act to the trial Court on the plea that the above extracted Clause 22 amounted t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation, there being no mention in it of any dispute, much less of a reference thereof. On the other hand, the purpose of the clause clearly appears to be to vest the Superintending Engineer with supervision of the execution of the work as administrative control over it from time to time. 5. Mr. Dixit relied on Governor-General v. Simla Banking and Industrial Company Ltd. AIR 1947 Lah 215, Dewan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gineer PWD Jammu and Kashmir, will be final and binding upon the contractor. The language of this clause is materially different from the clause ia the present case and in our opinion was correctly interpreted as amounting to an arbitration agreement, In this connection the use of the words "any dispute between the contractor and the Department" are significant. The same is true of the clause in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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