S.C. Pandey, J.

This revision u/s 115 of the CPC is directed against the order dated 7-2-1996 passed by the Fifth Additional District Judge, Bhopal in M.J.C. No. 27/95. The disposal of this revision shall govern the disposal of Civil Revision No. 857/96 as similar questions of facts and law arise in that revision too.

The non-applicant, a partnership firm, carries on the business of construction. It entered into an agreement dated 5-8-1991 with the applicant No. 1 whereby it was awarded the contract of constructing 112 A', 8 B' and 12 C' type of quarters at Hoshangabad within a period of six months from the date of the receipt of the work order with an additional period of 10 days as grace period, for the amount of Rs. 27,74,467/- after completion of the task under the contract the non-applicant was paid Rs. 22,00,178/- towards the final bill on 25-6-1994 which was received by it under protest.

Thereafter, the non-applicant raised a dispute regarding the item wise payment and claimed that it has been paid short to the time of Rs. 5,33,619/-. The agreement dated 5-8-1991 had an arbitration clause numbered as 25. It provided, inter alia, that in case of difference or dispute betwee