NAV BHARAT CONSTRUCTION Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed under Sec. 39 of the Arbitration Act. It is directed against the order dtd. 11/11/1982 passed by the District and Sessions Judge, Jhalawar on an application submitted by the appellant under Sec. 20 of the Arbitration Act.

(2.) The facts of the case, briefly stated, are that the appellant entered into a contract with the Irrigation Department of the Government of Rajasthan, for construction woikat Bhim Sagar Dam. In connection with the aforesaid construction work, certain disputes arose between the appellant and the State Government. The contract contains an arbitration clause. The appellant moved an application under Sec. 20 of the Act for referring the following disputes for arbitration in accordance with the arbitration agreement contained in clause 41 of the contract:

(3.) The District & Sessions Judge by his order dated 11 -11 -1982 held that claim relating to item No. (I) was covered by the arbitration agreement, and he therefore, directed that the aforesaid claim may be referred to arbitration in accordance with the Clause 41 of the contract. As regards the other claims raised by the appellant, the District & Sessions Judge held that there was no legal basis for the same and they cannot be referred to arbitration.