Gokal Chand Mital, C. J. (Oral)

( 1 ) TWO questions of law arise for our consideration in this appeal:-

(1) Is it for the court or the arbitrator to decide whether the claim is made within the time specified in the agreement or not?

(2) Is it for the court or the arbitrator to decide whether there was accord and satisfaction between the parties or not?

( 2 ) WE are of the opinion that both the questions stand answered-first by the two decisions of this Court in Jai Chand Bhasin Vs. Union of India, AIR 1983 Delhi 508 (D. B.) and Ved Prakash Mital Vs. The Union of India. AIR 1984 Delhi 325 (F. B.) and second by the decision of the Supreme Court in M/s. Bharat Heavy Electricals Limited, Ranipur Vs. M/s. Amar Nath Bhan Prakash, (1982)1 SCC 625.

( 3 ) BRIEFLY adverting to the facts of the case, there was a contract between the parties under which the respondent was to supply 2600 metric tonnes of gram whole to the appellant and the appellant was to convert that gram whole into gram-dal and return, gram-dal to the respondent There was a time schedule for lifting of gram whole and after grinding for supply of gram-dal. It appears that the appellant did not lift gram whole with expedition and

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