P.MUKERJI, J. - (1.) On the prayer of Mr.Tulsi Lall, on instructions, the application, CAN No.071 of 2018 is dismissed as not pressed.
(2.) Each of the other applications, CAN No.084 of 2018, CAN No.085 of 2018, CAN No.086 of 2018, CAN No.087 of 2018, CAN No.088 of 2018, CAN No.089 of 2018 and CAN No.090 of 2018, is disposed of by recording the very fair stand taken by Mr. Biswas for the petitioner that his client is not insisting on realization of costs imposed by the order dated 16th July, 2018. Re: AP No.012 of 2018, AP No.013 of 2018, AP No.014 of 2018, AP No.015 of 2018, AP No.016 of 2018, AP No.017 of 2018 and AP No.018 of 2018.
(3.) The agreement between the parties is governed by the General Conditions of Contracts of Military Engineering Services. The material part of clause 70 is as follows:- "70. Arbitration: All disputes, between the parties to the contract (other than those for which the decision of the C.W.E. or any other person is by the Contact expressed to be final and binding) shall, after written notice by either party to the Contact to the other of them, be referred to the sole arbitration of a [Serving Officer having degree in Engineering or equivalent or having passed final/direct final Examination of sub-Division II of Institution of Surveyor (India) recognised by the Govt. of India) to be appointed by the authority mentioned in the tender documents. Unless both parties agree in writing such reference shall not take place until after the completion or alleged completion of the works or termination or determination of the Contract under Condition Nos.55, 56 and 57 thereof." ;