BUTA Vs. MUNICIPAL COMMITTEE OF LAHORE

JUDGEMENT

(1.) Buta, the plaintiff and appellant, is a contractor of Lahore, who, in 1887, obtained a contract from the defendants, the Municipal Committee of that city, for the building of a Town Hall, to be called the Victoria Jubilee Hall, in commemoration of Her late Majesty's Jubilee. The building was completed in February 1890, but when the final accounts came to be settled disputes arose between the parties, which were referred to arbitration by an agreement dated the 18 February 1891. The material portion of this agreement is as follows: And whereas certain differences and disputes have arisen and are still pending between the said parties so far as relate to measurements of work done and to the rates to he paid for the same where such rates hare not been agreed upon between the said parties. And whereas the said parties hereto for the purpose of finally adjusting the said matters in difference and dispute between them have mutually agreed to refer the same to the judgment, determination and award of Mr. John C Hay ward and Mr. P. Ross of the North-Western Railway..... Now these presents witness that in pursuance of the said agreement they, the said parties hereto, do hereby severally and respectively covenant and agree that they and their respective heirs, legal representatives and successors shall and will duly and fully abide by, observe and perform the award, order, arbitrament and final determination of the said John C. Hayward and P. Ross ... of and concerning all the matters and things claims and demands in difference and dispute between the parties hereto, that is to say, so far as such matters and things claims and demands relate to measurements of work done and to the rates to be paid for the same, where such rates have not been agreed upon between the said parties hereto; And also all other matters in difference, controversies, claims and demands whatever now subsisting or depending by or between the said parties or in anywise incident or relating thereto.

(2.) It was also agreed that the award should be made a rule of Court under the provisions of Chapter XXXVII of the Civil Procedure Code.

(3.) The arbitrators made and published their award on the 30 June 1891, and on the same day the plaintiff wrote to the defendants Secretary a letter requesting that he might be "granted; (1) a copy of the award given by the arbitrators; (2) a copy of the details furnished by the arbitrators in respect of all the items; and (3) a copy of the order given by Mr. Sinclair, Junior Government Advocate, in reply to the letter addressed to him by the Secretary of the Municipal Committee, under which a decision was passed as to the powers of the arbitrators." This letter is of importance in connection with his subsequent proceedings.