GANGA PLUMBERING WORKS Vs. KANPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) HEARD Mr. Shubham Agrawal in support of this application.

(2.) THE applicant herein claims to have constructed some 125 houses for the 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 as follows:

(3.) IT is material to note that an identical clause having this matter first came up for consideration before the Apex Court in The state of U. P. v. Tipper Chand reported in air 1980 Supreme Court, 1522 : (1980 All lj 749) where the clause provided as follows: