STATE OF HIMACHAL PRADESH Vs. CONSTRUCTOR (INDIA) CO.
LAWS(HPH)-1991-7-13
HIGH COURT OF HIMACHAL PRADESH
Decided on July 23,1991

STATE OF HIMACHAL PRADESH Appellant
VERSUS
CONSTRUCTOR (INDIA) CO. Respondents

JUDGEMENT

D.P.SOOD,J - (1.) "In case a dispute of a particular nature is arbitrable under a special clause other than the arbitration clause pertaining to the settlement of all questions and disputes arising out of a contract by arbitration and such dispute remains undetermined whether such dispute can be referred by the parties or either of the party to the sole arbitration of the person under the latter arbitration clause of the Arbitration agreement entered into between the - parties inter se - is the sole question required to be determined by this Court.
(2.) As a common question of law indicated above has arisen in both the Civil Suits No. 31 and 32 of 1990, as such I proceed to decide the same by a common judgment.
(3.) Defendant M/s. Constructor (India) Company Ltd entered into an agreement with the State of Himachal Pradesh through the Executive Engineer, Kullu Division No. 1, H P. PWD, Kullu, undertaking to construct the Steel truss single span bridge with open foundation on Aut Banjar Road in Kullu District (Manglore bridge 80 span deck -type) (Agreement No. 8 of 1968 -69, in Civil Suit No. 31 of 90) and to construct Steel truss single span bridge with open foundation on Aut Banjar Road in Kullu District (Phagu bridge 140 span deck type), (agreement No 6 of 1968 -69 in Civil Suit No. 32 of 90).;


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