MADAN MOHAN PRASAD
Union Of India – Appellant
Versus
Harpal Dass Madhyani – Respondent
1. This application in revision is directed against an order by which the court below has appointed arbitrators under S.8 of the Arbitration Act, 1940 (hereinafter to be referred to as the Act).
2. It appears that there was a contract between the petitioner and the opposite party by which the latter undertook to make some constructions. As a result, an agreement was entered into on the 22nd of March, 1972, Some further work was, however, found necessary to be done and the opposite party was asked to do that work as well. For such extra work he submitted a bill at the rate prescribed by the original agreement. After negotiation he reduced it by 2% and claimed a sum of Rupees 76,908.12, out of which the petitioner paid a sum of Rs. 26,596.49 paise, with the result that there remained due an amount of Rs. 54,311.63 paise. The petitioner refuted the claim on the ground that the opposite party was entitled to receive payment for the extra work at the rate prescribed in the subsequent agreement and not at the one prescribed by the original. It is said that according to the agreement a dispute or differences regarding the claim of the contractor is to be referred to arbitration. I
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