HINDUSTAN HOUSING FACTORY LTD. Vs. DELHI MUNICIPAL COMMITTEE

JUDGEMENT

(1.) This appeal is directed against the order dated Feb. 20, 1975, by which Sub-Judge lst Class, has dismissed the petition brought by the petitioner under Sec. 20 of the Arbitration Act giving a finding that there does not exist a written binding arbitration agreement between the parties.

(2.) The facts of the case are not much in dispute. The petitioner admittedly had carried out certain construction work for the New Delhi Municipal Committee. According to the petitioner, there was entered into an agreement No. 44 on the basis of which he had carried out the construction work and he had been made certain payments and there arose certain disputes arising from that contract which were liable to be referred for arbitration in accordance with clause 29 of the said contract. New Delhi Municipal Committee had taken the plea, inter alia, that there does not exist any binding written agreement of arbitration between the parties and thus, the petition was not maintainable.

(3.) It is not necessary to refer to other pleas and issues framed in the matter as they do not survive for consideration by this Court. The only question to be decided by this Court in this appeal is whether the finding of the Sub-Judge that there did not exist any written arbitration agreement between the parties is correct or not ?