S.R. Singh, J. - (1.) Heard Sri V.B. Khare, learned Counsel appearing for the appellant. None appears on behalf of the respondents albeit the fact that the matter was taken up in the revised list of the cases listed for final hearing.
(2.) Present appeal under Section 39 of the Arbitration Act has been filed impugning part of the order dated 20.3.1980 whereby the learned Civil Judge (1) Gorakhpur had declined to refer the dispute to Arbitrator with respect to point Nos. 2, 4, 5, 6 and 7, 8, enumerated in Annexure 1 to the petition preferred by the appellant under Section 20 of the Arbitration Act. The appellant who happens to be a contractor on Northern Railways in his application under Section 20 had prayed for an order directing the Town Engineer, Northern Railway Gorakhpur (to file the Arbitration) Agreement No. Ten/W/9 dated 2.4.1977 in connection with the replacement of Barrack No. 1 and 2 by double storey building in Controller of Stores office N.E. Railways Gorakhpur within time fixed by the Court as provided under Section 20 of the Arbitration Act and thereafter pass an order for appointment of the Arbitrator for the arbitration of the claim of the claim of the applicant for Rs. 1,15,180/- as given in Schedule 1 of the application Schedule 1 marked as Annexure 1 to the petition under Section 20 of the Act would disclose that the amount of Rs. 1,15,180/- in respect of which the dispute has arisen was split up under the heads (I) Work already executed (2) Materials purchased and lying at site. (3) Security deposit (4) Extra payment already made to labours due to site made available in six phases (5) Recurring losses by way of payment of salary of to idle staff (6) Deterioration of shuttering materials on site due to rains etc. during idle time from February 1978 till this date (7) Trade interest on half of the security amount refundable (8) Trade interest on the total amount after deducting half of the security amount. The total of the amount enumerated under the aforesaid heads was mentioned against Item No. 9 as to be Rs. 1,15,180/-. The learned Civil Judge allowed the application under Section 20 and appointed Sri D.R. Garg, Deputy Chief Engineer (Tracks) as the sole Arbitrator for adjudicating upon the petitioner-appellants claim as contained in Schedule I at points 1 and 2 and rejected the prayer for reference in respect of the points mentioned at SI. Nos. 2, 4, 5, 6, 7 and 8.
(3.) Having heard the learned Counsel for the appellant I am of the view that the entire dispute was liable to be referred to the Arbitrator. Section 20 of the Act stipulates that where any persons have entered into an arbitration agreement before the institution of any suit with respect to the subject matter of the agreement or any part of it and where a difference has arisen to which the agreement applies, they or any of them instead of proceedings under Chapter IS may apply to a Court having jurisdiction in the matter to which the agreement relates that the agreement be filed in Court. Clause 62 of the Standard General conditions of contract in so far as it is germane to the controversy reads as under. "62. Ail disputes or differences of any kind whatever arising out of or in connection with the contract whether during the progress of the works or after their completion and whether before or after the determination of the contract shall be referred by the Contractor to the Railway and the Railway shall within a reasonable time after their presentation make and notify decisions thereon in writing..... Clause 63(1) of the said Standard General conditions of contract being relevant may be quoted below. "63( 1). If the Contractor be dissatisfied with the decision of the Railway on any matter in question dispute or difference or any account or as to the withholding by the Railway of any certificate to which the Contractor may claim to be entitled to or if the Railway fails to make a decision within a reasonable time then and in any such case but except in any of the Excepted matter referred to in Clause 62 of these conditions the contractor may within 10 days of the receipt of the communication of such decision or after the expiry of the reasonable time as the case may be demand in writing that such matter in question dispute or difference be referred to arbitration. Such demand for the delivered to the Railway by the Contractor and arbitration shall specify the matter which are in question dispute or difference and only such dispute or difference of which the demand has been made and no other shall be referred to arbitration.";