CHIEF ENGINEER I.D. Vs. K. SUDHAKAR REDDY

JUDGEMENT

(1.) THE question in this appeal is whether Clause 29 of the agreement entered into between the parties would provide for arbitration. The appellant had raised this question before the arbitrator as also before the learned designated Judge. The learned designated Judge while answering point No. 1 has held:

(2.) WE have heard learned counsel for parties.

(3.) IN Special Leave to Appeal (Civil) Nos. 7492 -7493/2010 dated 12.04.2010, the Supreme Court while considering the appeal filed by one of the contractors against appellant -KBJNL has declined to interfere with the matter and dismissed the Special Leave Petition. The Supreme Court has held that it is open to the petitioner (contractor) to seek remedy in accordance with law including institution of suit. It has further held that it is open for the petitioner to seek condonation of delay/exclusion of time taken in the proceedings and in case such a petition is filed, the court shall consider the petitioner's prayer in accordance with law.