( 1 ) THESE two cases have been referred for decision by a larger Bench. One was referred by me. and the other by Mr. Justice Avadh Echari. They came before each of us sitting singly on the Original Side. Both the cases have now been heard conjointiv as the arbitration clauses round which they turn are substantially the same, and the questions which have arisen are associated. First, we will deal with the case referred by me.

( 2 ) IN October 1971, the Union of India accepted a tender submitted by the petitioner, Kishan Chand, for developing the site of the Third Asian International Trade Fair 1972 and providing roads and paths and concrete pavements in the Exhibition Grounds. The formal contract subsequently executed contained an arbitration clause. This was clause 25, of which the relevant part reads:

except where otherwise provided in the contract all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right matter or thing whatsoever, in any way arising out of or relating to the contr