KARNATAKA STATE CONSTRUCTION CORPORATION LIMITED, BANGALORE Vs. S.V. ENGINEERING CONSTRUCTIONS, NELLORE, ANDHRA PRADESH

JUDGEMENT

(1.) These appeals involve a common question of law as to whether in those cases the respective clauses, which will be referred hereinafter, do amount to or do constitute an arbitration clause or not As such, these appeals are being dealt with and are being disposed of by this common judgment.

(2.) In all these appeals, applications were made under Sec. 8 read with Sec. 20 of the Arbitration Act, 1940 and the Trial Court in A.C. No. 4 of 1995, which has given rise to Appeal No. 4533 of 1996, allowed the application and appointed the Arbitrator vide order dated 31-8-1996. Similarly in A.C. No. 2 of 1995 giving rise to Appeal No. 4534 of 1996, the learned Civil Judge concerned allowed the application under Sec. 8 read with Sec. 20 of the Arbitration Act and appointed the Arbitrator vide order dated 31-8-1996. In A.C. No. 3 of 1995 giving rise to Appeal No. 4535 of 1996, the learned Civil Judge had also allowed the application under Sec. 8 read with Sec. 20 of the Arbitration Act and appointed the Arbitrator as mentioned in its order dated 31-8-1996. It is the Karnataka State Construction Corporation who felt aggrieved with allowing of these applications and has come up in appeal by filing the above mentioned three appeals.

(3.) The other facts giving cause of action or right to move the applications are not very material at this stage to be mentioned as the question before the Court is: Whether the respective clauses in the respective agreement, to be referred hereinafter, do amount to an arbitration clause and do relates to construction of the respective clauses of those agreements. So, those clauses are going to be referred herewith.