UNION OF INDIA Vs. B M SEN

JUDGEMENT

(1.) THIS is an application challenging the existence and validity of an arbitration agreement and an award made thereunder.

(2.) THE Respondent is a Contractor who was entrusted with certain construction works to be done in Ghuskara, Bolepur, Rampurhat and Madhaiganj. THE contract is evidenced by the acceptance of a tender in the usual term. All the works done under this contract were done sometime in the year 1944/45. THE contract contains the usual arbitration clause whereby "all disputes and differences between the parties under the contract shall be referred to the arbitration of the Superintending Engineer of the Circle for the time being ....."

(3.) SHORTLY thereafter Mr. B.K. Guha as such arbitra-tor entered upon the reference and pursuant to his direec-tions the parties filed their respective State of Facts and Counter State of Facts. Subsequently on November 12, 1952 the parties entered into an agreement in respect to the five disputes referred to arbitration as stated above. This agree-ment modified and amended the arbitration clause in the contract. The operative part of the agreement reads as follows :