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1996 Supreme(Bom) 404

B.P.SARAF, M.S.RANE
Ravindra Anant Deshmukh – Appellant
Versus
City and Industrial Development Corporation of Maharashtra Ltd. – Respondent


JUDGMENT - Dr. B.P. SARAF, J. :---This appeal is directed against the judgment and order of the learned Single Judge dated 8th June, 1993 dismissing the suit of the appellant filed under section 20 of the Arbitration Act, 1940 ('Arbitration Act") and thereby refusing to refer the dispute arising out of a contract between appellant and the respondent to arbitration.

2.The material facts of the case, briefly stated, are as follows: The appellant, who carries on the business of building contractors and developers in the name and style of "United Precast Products", entered into an agreement with the respondent, City and Industrial Development Corporation of Maharashtra Limited (CIDCO), for construction of 14 buildings comprising of 168 tenements at Nerul Road, New Bombay. The contract contained an arbitration clause which provided for reference of doubts, disputes and differences arising between the parties to arbitration. The said clause reads:

"83.Arbitration : Except where otherwise specified in the contract, the decision of the Chief Engineer (CIDCO) shall be final, conclusive and binding on all parties to the contract upon all questions relating to the meaning of the specifications



















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