GANGA PLUMBERING WORKS Vs. KANPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) H. L. Gokhale, C. J. Heard Mr. Shubham Agrawal in support of application.

(2.) THE applicant herein claims to have constructed some 125 houses for respondent -Kanpur Development Authority. THE agreement amount for the construction of the houses has been paid over to the applicant but the security deposit has been forfeited. It is to claim this security amount that the applicant wants the dispute to be referred for arbitration. THE applicant is relying upon Clause-24 of the agreement between the parties, which Clause reads follows: "clause 24. Except where otherwise specified in the contract the version of the Chief Engineer for the time being shall be final, conclusive a binding on all parties to the contract upon all question relating to the meaning of the specifications, designs, drawings and instructions hereinbefore mentioned and as to the quality of workmanship or materials used on the work as to any other question, claim, right, matter or thing whatsoever in any w arising out of or relating to the contract, designs, drawings specification estimates, instructions, orders, or these conditions, or otherwise concern] the works, or the execution or failure to execute the same, whether arising during the progress of THE work or after the completion or abandonment there the contract by the contractor, shall be final, conclusive and binding on t contractor. "