- (1.) Leave granted.
(2.) Heard the learned counsel appearing for the parties.
(3.) This matter has a somewhat chequered history. In that an award that was passed on 25.07.2004 for a sum of Rs. 12,09,000/- was upheld by a learned Single Judge of the Patna High Court on 16.02.2012. However, in an appeal to this Court, this Court by an order dated 12.09.2013, remanded the matter to decide whether there was an arbitration clause in point of fact between the parties. On remand, the impugned judgment dated 16.04.2014 has held that Clause 23 of the Agreement between the parties dated 12.10.1999 did not amount to an arbitration clause. Clause 23 reads as follows:- "Clause 23: In case any dispute or difference shall arise between the parties or either of them upon any question relating to the meaning of the specifications, designs, drawings and instruction, herein before mentioned or to the quality of workmanship of materials used on the work, or as to the construction of any of the conditions or any clause or thing therein contained, or as to any question, claim, rights or liabilities of the parties, or any matter, or thing whatsoever, in any way arising out of, or relating to the contract, designs, drawings, specifications, estimates, instructions, order or these conditions, or otherwise concerning the work, or the execution, or failure to execute the same whether arising the progress of the work, or after the completion or abandonment thereof or as to the breach of this contract, then either party shall forthwith give to the other notice of such dispute or difference and such dispute or difference shall be referred to the Managing Director of the Corporation and his decision thereon shall be final conclusive and binding on all the parties." ;