RAMENDRA MOHAN DATTA, J.

( 1 ) THIS appeal arises from the judgment and order of Sabyasachi Mukharji, J. , dated 29th September, 1977 ; (AIR 1976 NOC 200) in an application under Section 34, Arbitration Act, 1940. The learned Judge by his order has stayed the suit of the plaintiff Atin Bose, the appellant herein, filed by Mm on or about the 20th June 1977.

( 2 ) THE claim arose out of a contract dated 25th September, 1974 between Heavy Engineering Corporation Ltd, and Messrs. K. Lall and Co. a proprietary concern of the plaintiff Atin Bose. The contractor Atin Bose was to be paid by the respondent Corporation for providing escorts at the rate shown in the schedule of rates of the work as per terms and conditions of the contract. The said schedule including the notes thereof was to form an integral part of the said contract. Both the parties agreed that the terms and conditions as provided in the special conditions of contract and in general conditions of contract, would be applicable and would be binding on them, Of the special conditions which were provided therein, a condition read as follows:--"where the special conditions differ from the general conditions, those special cond

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