( 1 ) THIS matter has been placed before us on a reference made by the learned Single Judge, because it was pleaded before him that there was a conflict between judgments of learned two Single Judges of this Court namely in 1980 Rajdhani Law Reporter 313 (Vilayatiram Mital v. Union of India) decided by Dalip Kapur, J. , and 1982 Rajdhani Law Reporter 12 (Ram Nath Mehra and Sons v. Union of India), decided by Avadh Behari Rohatgi, J. On the point as to who is to decide whether if the demand for arbitration is not made within a stated period, the claim will be deemed to have been waived Kapur, J. has held that it is for the arbitrator. Avadh Behari, J. has held to the contrary, and says it is for the court, before making a reference under Section 20 of the Arbitration Act.

( 2 ) THE applicant and the Union of India entered into a contract for the construction of a temporary accommodation for Kendriya Vidyalaya at Faridabad. The terms were reproduced in the agreement. Clause 25 of the agreement provides that except where otherwise as provides in the contract all questions and disputes relating to the meaning of the specifications, designs or otherwise concerning the w