Mohd. Yamin, J. - (1.) This is a revision against the order of learned District Judge, Banswara dated 3.5.97 by which he came to the conclusion that the whole claim had been decided and there was no necessity to refer the six matters to the Arbitration as per clause 7-A of the agreement.
(2.) I have heard learned counsel for both the parties at length.
(3.) Relevant facts may be stated as follows : Some tenders were invited by the Executive Engineer, Distribution Division-1 (LMC), Mahi Bajaj Sagar Project, Gadhi, District Banswara on behalf of the State of Rajasthan for execution of the work of Lining of Gopinath Ka Gadha minor km. 9 to 10. The appellant also submitted his tender and the same being lowest was accepted on behalf of the Governor of the State of Rajasthan. An agreement was executed between the parties being agreement No. 171/1988- 89. It contains the following clause - "Clause 7-A. - The final bill shall be paid within 3 months for contracts costing upto Rs. 3 lacs and within 6 months for contracts costing more than Rs. 3 lacs on presentation by the contractor. If there shall be any dispute about any item(s) of the work, then the undisputed item(s) only shall be paid within the said period of 3 months or 6 months as the case may be. The contractor shall submit a memorandum of the disputed items alongwith justification in support within 30 days from the disallowance thereof and if he fails to do this his claim shall be deemed to have been fully waived and absolutely extinguished.";