A.K.Banerjee, J. - (1.) Since all the above matters relate to identical questions of fact and law I intend to dispose of all the above matters by a common judgment.
(2.) In the foregoing judgment I would refer to various documents annexed to the pleadings including the rival contentions of the parties mentioned in the pleadings. Those documents and/or averments and their respective page numbers would relate to A.P. No. 212 of 2002.
(3.) Parties before me entered into a contract for execution of the work specified in the contract. The tender pertaining to the contract stipulated that the general conditions of railway contracts would be applicable in the instant case. The general conditions of contract provided for arbitration in case of any disputes between the parties. The relevant clause as referred to in the petition at page 55 is quoted below:- "62. Matters finally determined by the Railway- All disputes or differences of any kind whatever arising out of or in connection with the contracts, 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. The decisions, directions and certificates with respect to any matters decision of which is specially provided for by these conditions, given and made by the Railway, or by the Engineer on behalf of the railway, which matters are referred to hereinafter as excepted matters shall be final and binding upon the contractor and shall not be set aside or be attempted to be set aside on account of any informality, omission, delay or error in proceeding in or about the same or on any other ground or for any other reason and shall be without appeal.";