ORDER

1. We have heard Shri Mool Chand Loharia who is a partner of the appellant-firm. He has brought to our notice various decisions of this Court as well as of the various High Courts. The firm had entered into in all 17 written agreements with the State Government in respect of various works in three irrigation projects. The language of all the agreements was the same. The relevant clauses of the agreement which have given rise to the present controversy between the firm and the State Government are clauses 22 and 23 which read as follows :

"22. All work to be executed under the contract shall be executed under the direction and subject to the approval in all respect of the Chief Engineer of the Government of Rajasthan for the time being, who shall be entitled to direct at what point or points and what manner they are to be commenced, and from time to time carried on.

Decision of the Chief Engineer to be final

23. Except where otherwise specified in the contract the decision of the Chief Engineer of Rajasthan for the time being shall be final, conclusive and binding on all parties to the contract upon all questions, relating to the meaning of the specifications, designs, drawing