( 1 ) THE present petition has been filed under Sections 14 and 17 of the Indian Arbitration Act, 1940, for directing respondent no. 3 to file the award dated May 19, 1990, and the arbitration proceedings and to make the same Rule of the Court.

( 2 ) BRIEF facts of the case are that respondents 1 and 2 on behalf of the President of India had accepted the tender of the petitioner for the work of provision of hutted accommodation for officers and JCOs at Hissar. The tender was accepted vide letter dated July 28, 1982 for a total sum of Rs. 44,61,110. 88. The parties thereafter entered into a formal contract wherein the general terms and conditions of the notice of tender of Military Engineering Service were applicable and the said contract provided for reference of disputes to arbitration. Clause 70 may be reproduced as follows:

"70 Arbitration - All disputes, between the parties to the contract ( other than those for which the decision of the C. W. E. or any other person is by the Contract expressed to be final and binding) shall, after written notice by either party to the Contract to the other of them, be REFERRED TO to the sole arbitration of an Engineer Officer to