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1961 Supreme(Cal) 92

P.C.MALLICK
GANNON DUNKERLEY AND CO. – Appellant
Versus
UNION CARBIDE (INDIA) LTD. – Respondent


Advocates Appeared:
A.C.BHABRA, B.K.BACHAWAT, B.K.Chakravarti, NIREN DEV

P. C. MALLICK, J.

( 1 ) THIS is an application under Section 20 of the Indian Arbitration Act for an order that the arbitration agreement be filed in Court and reference made. The arbitration agreement is a clause in a building contract subsisting between the parties. The defendant employed the plaintiff to do the construction work of a factory building to be used and occupied by Eveready Flashlight Company. The building contract provided for the certification of workmanship by a firm of architects to wit Messrs. Ballardie Thompson and Matthews. The contact further provided that the works shall be carried out to the reasonable satisfaction of the Architect whose decision as to sufficiency and quality of the work and material shall Be final and binding upon all parties. The plaintiff is the contractor and the building work is alleged to have been completed sometime in 1957. During the progress of the work eight running bills were submitted and paid in terms of the contract. The payment of the ninth bill, however, was withheld on the ground that the roof of the factory building constructed was leaking at several places. It appeare that the contractor at first attempted to effect rep






















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