MUNICIPAL CORPORATION, INDORE Vs. VIJAY KUMAR AGRAWAL

JUDGEMENT

(1.) THIS revision, filed by the Municipal Corporation, Indore, is directed against an order of the Second Additional District Judge, Indore, allowing an application filed by the non -applicant under section 8 of the Arbitration Act, 1940.

(2.) THE facts, in brief, are as follows: The non -applicant, who is a contractor carrying on business of construction work, entered into a contract with the Municipal Corporation, Indore, for the work of Premix Bitumen Carpeting of Bhamori Road, near Nandanagar Chouraha. After completion of the work the non -applicant accepted payment of the final bill under protest, and then served a notice on the Administrator, Municipal Corporation Indore, under section 8 of the arbitration Act (hereinafter referred to as "the Act"), treating Clause 47 of the agreement to be an arbitration clause. In that notice he raised various disputes, and inasmuch as the Municipal Corporation had been superseded, called upon the Administrator to fill up the vacancy. The Corporation not having compiled with the notice, the non -applicant applied under section 8 of the Act.

(3.) SECTION 2(a) of the Act reads, - -