- (1.) This is an application by the Petitioner for referring the dispute under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') and to appoint, preferably the Chief Engineer, Kanpur Development Authority as the Arbitrator.
(2.) There is an agreement between the Petitioner and opposite party No. 1 in which there is a clause, which reads as under: Clause 24. Except where otherwise specified in the contract the decision of the Chief Engineer for the time being shall be final, conclusive and binding on all parties to the contract upon all question relating to the meaning of the specifications designs, drawings and instructions hereinbefore mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out or relating to the contract, designs, drawings specifications, estimates instructions, order or these conditions or otherwise concerning the works, or the execution or failure to execute the same whether arising during the progress of the work or after the completion or abandonment thereof the contract by the contractor, shall be final conclusive and binding on the contractor.
(3.) I do not propose to go into the controversy as to whether Clause 24 is a clause pertaining to arbitration as the Chief Justice, exercising jurisdiction under Section 11 of the Act in several other cases between the Petitioner and the opposite parties, as set out in paragraph 10 of this petition, has treated the said clause as an arbitration clause and has appointed the Chief Engineer, Kanpur Development Authority as the sole Arbitrator.;