O.P.Saxena, J. - (1.) THESE are three connected appeals against order dated 7-5-1984 passed by Civil Judge, Bijnor making a reference of the disputes to the arbitration of Sri R. N. Misra, Retired Chief Engineer, U. P. Jal Nigam, Lucknow.
(2.) THE facts giving rise to those appeals are that respondent No. 1 submitted three separate tenders for three different works which were accepted by appellant No. 2 Superintending Engineer, Madhya Ganga Canal, Construction Circle I Meerut. THE contractor completed the works. THEre was a dispute regarding the amount payable to the contractor under each contract. Clause 34 of the Agreement provided for the settlement of the disputes by Chief Engineer, Madhya Ganga Canal, Irrigation Department (respondent No. 2). On 4-10-83 the respondent No. 1 gave three notices to respondent No. 2 under Section 8 of the Arbitration Act calling upon him to enter on a reference and adjudicate the disputes. THE notices were delivered to respondent No. 2 on 7-10-83. THE respondent No. 2 did not enter on the reference. On 14-11-83 the respondent No. 1 gave three separate applications under Sections 8 and 20 of the Arbitration Act.
(3.) THE applications were contested by the appellants and respondent No. 2 inter alia on the pleas that the respondent No. 1 did not prefer claims within 48 hours as required under Clause 5.12 of the Agreement, that the claims are barred by time, that the claims are false and imaginary, that in fact there is no dispute between the parties, that there is no question of the decision of the dispute by respondent No. 2, that Clause 34 does not provide for arbitration and that the court has no jurisdiction.;