STATE OF U P Vs. PADAM SINGH RANA

JUDGEMENT

(1.) Padam Singh Rana, the opposite party, entered into an agreement with the State for executing a work. Ac cording to him, he has completed the work and is entitled to payment in accordance with the agreement; the other party main tains that he has not completed the work in accordance with the terms of the agree ment.

(2.) The Superintending Engineer, 1st Circle, P. W. D., Meerut, gave an award on this dispute. He filed the award in the court of the District Judge, Dehradun. There Padam Singh Rana objected to the award being made rule of the Court. He said that in the agreement between the par ties there was no provision for referring any matter to an arbitrator for decision and that accordingly, the provisions of the Arbitra tion Act were inapplicable. The applicant, on the other hand, contended that mere is a provision in the agreement for arbitra tion and that, accordingly, the award is validly given. The applicant relied on Clause 23 of the agreement.

(3.) After hearing both parties, the Civil Judge upheld the argument of Padam Singh Rana. He held that neither Clause 23 nor any other clause of the agreement pro vided for arbitration and that accordingly the award could not be made rule of the Court.