J.C.SHAH, J.L.KAPUR
Jethanand And Sons – Appellant
Versus
State Of U. P. – Respondent
Judgment
SHAH, J. : These three appeals were filed by the appellants M/s. Jethanand & Sons with certificate of fitness granted under Art. 133(1) (c) of the Constitution by the High Court of Judicature at Allahabad.
2. The appellants entered into three separate contracts with the Government of the United Provinces (now called the State of Uttar Pradesh) on March 20, 1947, May 27, 1947, and June 28, 1947, for the supply of stone ballast at Shankar Garh, District Allahabad. The contracts which were in identical terms contained the following arbitration clause:
"All disputes between the parties hereto arising out of this contract whether during its continuance or after its rescission or in respect of the construction or meaning of any clause thereof or of the tender, specifications and conditions or any of them or any part thereof respectively or anything arising out of or incident thereto for the decision of which no express provision has hereinbefore been made, shall be referred to the Superintending Engineer of the Circle concerned and his decision shall in all cases and at all times be final, binding and conclusive between the parties.
3. Pursuant to the contracts, the appellants sup
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