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1979 Supreme(Del) 260

S.B.WAD, RAJINDAR SACHAR
BANK OF BARODA – Appellant
Versus
UTTAM SINGH DUGAL AND COMPANY LIMITED – Respondent


Advocates Appeared:
C.R.SOMA SEKHARAN, P.G.GOKHALE, R.P.BHATT, S.L.VATEL

Rajinder Sachar, J.

( 1 ) THIS is an appeal against the impugned order of April 19, 1979 of the learned single Judge by which on an application vide Section 20 of the Arbitration Act he directed the arbitration agreement to be placed on the record and further directed that disputes I to 3 mentioned in the letter dated 14th of June 1974 written by the contractor to the bank be REFERRED TO the Arbitration.

( 2 ) AN agreement was entered into between the appellant and the respondent by which the respondent-contractor agreed to built a building for it. The terms and conditions were reproduced in a written agreement. Clause 37 of the agreement provided for settlement of disputes by the arbitration. Disputes having arisen between the parties, the respondent said that the matter be REFERRED TO the arbitration. On the refusal of the appellant to agree, the respondent filed an application under Section 20 of the Arbitration Act seeking that the matters listed in the letter of 14th of June 1974 be REFERRED TO the arbitration. The learned Judge has referred the matter at claim I to 3. He has, however, refused to refer claims 4 and 5. The appellant is aggrieved against the order of reference a













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