( 1 ) LEAVE granted.

( 2 ) THE appellant had a contract with the respondent on 7/02/1979 to complete the site levelling and grading for Ramagundam Super Thermal Power project, Ramagundam, Karimnagar Dist. , A. P. , for a sum of Rs. 1,74,33,334. 00 and the work had to be completed within 15 months. According to the appellants, he completed the work on 30/12/1980. His claim for further amounts was rejected on 12/08/1981. Therefore, he wrote a letter on 13/04/1984 requesting the respondent to settle his claim within a period of one month from the date of its receipt. Though the respondent promised in their letters dated 10/11/1984 and 7/03/1987 to refer the dispute for arbitration, no action in that behalf was taken under clause 57 of the contract. On his application under S. 8, 11 and 12 of the Arbitration Act, 1940 for short the Act, 5th Additional Judge, City Civil court, Hyderabad, after hearing the parties, appointed Shri P. Chennakesava Reddy, retired chief justice, Gauhati high court as an Arbitrator. The A. P. High court in C. R. P. Nos. 838 and 839 of 1990 by judgment dated 31/10/1991 held that the appellant had acknowledged the final measurement and accepted the payment in f