Ved Prakash Gupta – Appellant
Versus
Municipal Corporation of Greater Bombay,
through the Municipal Commissioner and others
through the Municipal Commissioner and others – Respondent
2.These appeals are filed against the judgment and order dated 23rd April 1998 passed by the learned Single Judge in Arbitration Suits Nos. 3285 of 1995 and 3286 of 1995. It was contended before the learned Single Judge that the appellant's (original plaintiff) tender for the work of concreting of R.C. Marg, Chembur, Bombay, was accepted by the B.M.C. in the year 1992. As large amount was locked up by respondent No. 1-Corporation, the appellant (original plaintiff), by his letter dated 16-5-1994, addressed to respondent No. 3, requested for referring the dispute to arbitration. As the said request was not acceded to, the aforesaid Arbitration suits were filed by the appellant (original plaintiff) with a prayer for referring the matter to arbitration. The learned Single Judge, after considering clauses upon which the reliance was placed by the learned Counsel for the appellant, arrived at the conclusion that there was no arbitration agreement between the parties.
3.In our view, the decision of the learned Single Judge, cannot, in any way, be said to be illegal or erroneous. We would
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