Judgment

DESAI, J.:- Protracted, time consuming, exasperating and atrociously expensive court trials impelled an alternative mode of resolution of disputes between the parties: arbitrate-dont litigate. Arbitration being a mode of resolution of disputes by a Judge of the choice of the parties was considered preferable to adjudication of disputes by court. If expeditious, less expensive resolution of disputes by a Judge of the choice of the parties was the consummation devoutly to be wished through arbitration, experience shows and this case illustrates that the hope is wholly belied because in the words of Edmond Davis, J. in Price v. Milner, (1966) 1 WLR 1235, these may be disastrous proceedings.

2. A petty labour contractor in search of its labour charges in a paltry amount of Rs. 4,25,343-00 from a giant foreign engineering and construction company which had undertaken to erect a thermal power station at Barauni in Bihar State under a contract dated February 27, 1960, with Bihar State Electricity Board, file a suit in the year 1963 which stands stayed without the slightest progress for last 17 years and with end nowhere in sight. Plaintiff (appellant herein), a private limited comp