LAWS(APH)-1993-9-32

HYDERABAD URBAN DEVELOPMENT AUTHORITY Vs. RAGHUNANDAN

Decided On September 10, 1993
HYDERABAD URBAN DEVELOPMENT AUTHORITY Appellant
V/S
RAGHUNANDAN Respondents

JUDGEMENT

(1.) RESPONDENT in O.P. No. 179 of 1991 is the petitioner in this revision. It is challenging the order of the 1st Additional Judge, City Civil Court, Hyderabad, in O.P. No. 179 of 1991 dated 8.7.1993 appointing a Retired Chief Engineer (Roads & Buildings) as Arbitrator on an application filed under Section 8 of the Arbitration Act, 1940 (for short "The Act").

(2.) THE parties are referred to as HUDA and Contractor for convenience sake.

(3.) THE same was resisted by HUDA-petitioner herein on several grounds-one such ground being that Clause 13 of Schedule 'D' of the agreement provided that for a claim exceeding Rs. 50,000.00 the same should be instituted before a competent court and it should not be the subject matter of arbitration and therefore the only course open to the contractor, even in a case where the claim exceeds Rs. 50,000.00 is to institute a regular suit and he cannot invoke arbitration clause. I am not referring to the other allegations made in the counter for the reason they are not relevant for the purpose of disposal of the case at this stage.