P.N.BHAGWATI, S.MURTAZA FAZAL ALI
Bharat Heavy Electricals LTD. – Appellant
Versus
Amar Nath Bhan Prakash – Respondent
(1) IT appears from the order of the High court impugned in the appeal that the High court has not correctly appreciated the position that tin question whether there was discharge of the contract by accord and satisfaction or not, is a dispute arising out of the contract and is liable to be referred to arbitration and hence the application of the respondent under S. 20 of the Indian Arbitration Act should have been allowed and tile matters in dispute between the parties, including the question whether or not there was discharge of the contract by accord and satisfaction should have been referred to arbitration. We, therefore, .set aside the finding of the High Court that there was no accord and satisfaction of the contract and direct that the matters in dispute between the parties, including the question whether or not there was discharge of the contract by accord and satisfaction, be referred to the arbitration of Mr V.S. Deshpande, retired chief justice of the Delhi High court, under the arbitration clause contained in the contract between the parties. The arbitrator will make his award within three months from the date of entering upon the reference. He will first determ
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