( 1 ) THIS will dispose of two petitions moved under Ss. 20 and 33 of the Arbitration Act by M/s. Bindra Builders. The respondent is the Delhi Development Authority. By the former the petitioner is seeking reference of disputes numbering 14 as mentioned in Annexure a attached with the petition to arbitration. The other is for determining the effect and validity of the arbitration agreement with regard to claim No. 5 of that Annexure. That claim is to the following effect:

"dispute over sanction of substituted item for Makrana white marble provided in the works; Rs. 3. 75 lacs. "

( 2 ) THE background is that the petitioner executed a contract for the construction of 201 houses on behalf of the respondent at Siri Fort, New Delhi for the "asiad". The total amount thereof was about 2. 2 crores. Specifications and rates of different items were also agreed upon. One of the terms of the contract was that the petitioner would use makrana superior marble . The rate according to the petitioner for this was around Rs. 781. 00 per sq. meter. However, during the course of the execution of the contract the petitioner found that the makrana marble was not available and it appe