JUDGMENT

Rajiv Sahai Endlaw, J. Common question as to interpretation of clause 25 in General Conditions of contracts of MCD and Government of NCT of Delhi is involved in all these cases. Vide order dated 29th August, 2008, the divergence of opinion on the interpretation of the said clause was noticed and all the matters ordered to be taken up for hearing together.

2. The said clause 25 is as under:

"Clause 25.

Except where otherwise provided in the contract, all questions and disputes relating to the meaning of the specifications, design, drawings and instructions here-in-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 contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works or the execution or failure to execute the same whether arising during the progress of the work or after the cancellation, termination, completion or abandonment thereof shall be dealt with as mentioned hereinafter:

i) If the contractor considers any work demanded of him to be outside the