JUDGMENT

S. V. Manohar. J.

(1) THE appellant had entered into a contract with the respondent under which the appellant had undertaken the work of construction of factory and allied buildings of the respondent at India complex, Rae Bareilly. The agreement is dated 19.10.1973. Clauses 23 and 24 of the agreement are as follows: "Decision of the Executive Engineer of the UPSIC to be final on certain matters:

CLAUSE 23: Except where otherwise specified in the contract, the decision of the Executive Engineer shall be final, conclusive and binding on both the parties to the contract on all questions relating to the meaning, the specification, design, drawings and instructions herein before mentioned, and as to the quality of workmanship or materials used on the work or as to any other question whatsoever in any way arising out of or relating to the designs, drawings, specifications, estimates, instructions, orders or otherwise concerning the works or the execution or failure to execute the same whether arising during the progress of the work, or after the completion there of or abandonment of the contract by the contractor shall be final and conclusive and binding on the contrac