ORDER

1. Special leave granted.

2. The learned counsel for the appellant points out that the question issue in the present appeals is squarely covered by the decision of this Co in Hindustan Construction Co. Ltd. v. State of J &K1. In particular, it dre our attention to para 10 of the judgment and the portion extracted from the decision in Sudarsan Trading Co. case2 wherein it was said that b purporting to construe the contract the Court could not take upon itself the burden of saying that this was contrary to the contract and, as such, beyon jurisdiction. That is exactly what the Court has done in the instant Therefore, the issue stands covered by this decision and the learned counsel for the respondents could not in the face of this decision argue otherwise.

3. In the result, we allow these appeals and set aside the impugned order of the Division Bench of the High Court with no order as to costs.