Wanchoo, C.J.—This is a revision by the Chief Engineer, Buildings and Roads, Jaipur, and another against the order of the District Judge of Ganganagar on an application made by Harbans Singh, opposite party, under sec. 8 of the Arbitration Act.

2. The facts of the case may be briefly narrated. Some construction work was to be done in Ganganagar, and Harbans Singh, apposite party, was appointed contractor for that purpose. In November, 1947, he entered into an agreement with the Chief Engineer of the former State of Bikaner. That agreement lays down the terms on which Harbans Singh had accepted the contract and one of the terms (clause 15) was that—

"Chief Engineer shall be the sole arbitrator and judge in case of dispute between me and the Execution Engineer with reference to the quality or measurements of work executed or rate of progress of the construction and meaning of plans, working drawing sections and specifications and above conditions or any other thing connected with this contract, and his decision shall be conclusive and binding."

It is said that disputes arose about this work and were referred to the arbitration of the Chief Engineer, and that officer gave an award in Oct

Click Here to Read the rest of this document