G C SHARMA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) THIS appeal, under section 39 of the Arbitration Act 1940 (hereinafter referred to as "the Act"), is directed against the order of the learned Single Judge of this Court, whereby the application of the appellant under section 8 of the Act for supplying the vacancy was dismissed. A preliminary objection has been taken to the maintainability of the appeal, on the ground that the impugned order does not fall under any of the clauses of section 39(1) of the Act and as such is not appealable.

(2.) THE relevant facts for the decision of the preliminary objection are that by resolution No. 202 dated 5th December, 1952 of the Executive Council of University of Delhi, the petitioner was appointed as the Architect on the terms laid down by the Royal Institute of British Architect and waa to be paid 6% of the total value of each work. Later on the said resolution was superseded by resolution No. 255 dated 30-1-1959 whereby the Executive Council of the University of Delhi reduced the rate of fee from 6% to 3% with reduction in the items of services to be performed by the appellant, and it was provided that the engagement of the appellant by the University in future would be for special works on specific terms under separate agreements in each job. Certain disputes arose between the appellant and the respondent about the payments of bills for the work executed by the appellant. THE appellant invoked the following arbitration agreement by notice dated 5-3-1969 :-