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2004 Supreme(Del) 478

MUKUNDAKAM SHARMA
WEE AAR CONSTRUCTIVE BUILDERS – Appellant
Versus
DELHI JAL BOARD – Respondent


Advocates Appeared:
Harish Malhotra, RAJENDER AGARWAL, Suresh Tripathy

Mukundakam Sharma, J.

( 1 ) THE respondent awarded a work contract in favour of the petitioner for construction of additional staff quarters at Varun Niketan near Haiderpur Water Treatment Plant. During the execution of the aforesaid contract disputes arose between the parties. The aforesaid contract contained an arbitration clause being Clause 25 which reads as follows:-

"clause 25. ARBITRATION CLAUSE: 01. Except where otherwise provided in the contract all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions hereinbefore mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out or relating to the contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works or the execution or the execution or failure to execute the same whether arising during the progress of the work or after completion or abandonment thereof, shall be referred to the sole arbitration of the Commissioner, Municipal Corporation of Delhi, or any person nominated by the Commissioner on h


















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