JAGAN NATH PHOOL CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) FACTS :--

(2.) THE appellant firm entered into a contract with the respondent Union of India (Northern Railway) for execution of "earth work in left guide bond and approach bank of 2nd Yamuna Bridge. Certain disputes arose between the parties and the petitioner/appellant called upon the respondent No. 2 to appoint an arbitrator in terms of the General Conditions vide letter dated 27-4-66. Since the respondent took up the stand that most of the matters in dispute fell within the ambit of term 'excepted matters' as described in clause 63, the same could not be referred to the arbitration. Under the circumstances the appellant/petitioner moved an application u/s 8 and 20 of the Arbitration Act (called the Act) with the prayer that the arbitration agreement be directed to file in the court and the disputes between the parties be referred to the arbitrator. THE learned Single Judge who heard the petition u/s 20 of the Act held that only a couple of disputes between the parties were referable to arbitration under clause 64 of the General Conditions of Contract Regulations and Instructions (for short General Conditions) while the rest of the disputes fell within 'excepted matters' and as such beyond the scope of the arbitration. He, therefore, referred only two disputes out of many for adjudication to an arbitrator to be appointed by the respondent. Against this order the appellant filed the present appeal.