STATE OF BIHAR Vs. KHETAN BROTHERS

JUDGEMENT

(1.) In both these appeals, a pure question of law is involved and hence they have been made analogous, and this judgment shall govern both the appeals both having been heard together.

(2.) Miscellaneous Appeal 63/81 arises out of Title Suit 51 of 1965 instituted on 23rd August, 1965. and Miscellaneous Appeal 64/81 is directed against an order passed in Title Suit 50 of 1965 which was instituted on 21st August 1965 -- both in the court of the learned Subordinate Judge, Khagaria.

(3.) A preliminary objection has been raised by Mr. Prem Lal. learned counsel on behalf of the respondent with regard to the maintainability of these appeals. It is submitted that these appeals are not maintainable under any of the clauses of Sub-section (1) of Section 39 of the Arbitration Act, 1940 (Act 10 of 1940) -- hereinafter to be referred to as the Act --although they have been purported to have been filed under Section 39 (1) (vi) of the Act. Since we are going to uphold the preliminary objection raised on behalf of the respondent, we shall set out only the relevant facts relating thereto. These are the relevant facts. Two contracts were entered into by two separate deeds of agreement one dated 17-7-1960 and the other dated 13-7-1960. between the parties. In both these agreements, there was an arbitration clause which stipulated that in case of any dispute arising between the parties, the matter shall be referred to the arbitration of the Superintending Engineer. National Highway of the Circle concerned. The deed of agreement dated 17-7-1960 is involved in M. A. 63/81 and that dated 13-7-1960 in M. A. 64/81. The impugned order in M. A. 63/81 arising out of Title Suit 51/65 is that dated 18-12-1980 and that in M. A. 64/81 arising of Title Suit 50/65 is dated 22-12-1980. Both the orders are more or less in the same terms.