Order

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. The petitioner had entered into a contract on September 4, 1996 with the respondent with covenant contained therein as under :

“And whereas the contractor has also agreed to execute the work of seven towers with 100% external works with the said contract amount in the first instance and further work of the balance towers that would be entrusted to him within 4 months of the date of award of work at the same per sq. m. rates arrived at the above lamp sum price for each tower and for the alternate specifications.

And whereas the employer has accepted the offer of the contractor the said contract amount subject to the terms and conditions set forth herein and mutually agreed to by both the parties”

Therein clause 32 relates to settlement of dispute by arbitration which read as under:

“32. Settlement of Disputes by Arbitration:

If any dispute, question of controversy, the settlement of which is not herein specifically approved for, shall at any time arise between the owner and the contractor relating to this contract or any clause or thing contained