R.K. KAPILA Vs. SHIMLA DEVELOPMENT AUTHORITY AND ANR.

JUDGEMENT

(1.) The present application has been preferred under Ss. 20/34 of the Arbitration Act (hereinafter referred to as "the Act") for stay of the proceedings in the suit and for referring the matter to the Arbitrator as per terms of the agreement, entered into between the parties and for filing the agreement in the court.

(2.) The suit has been filed on the allegations that Plaintiff was awarded two jobs, namely, Job No. 1 and 4 through letter of Defendants dated 1st November, 1989 and 3rd November, 1989 respectively and the total tendered amount of Job No. 1 worked out to Rs. 81,33,576/ - and under this job, the Plaintiff was to construct buildings of 34 Nos. Type 'A' houses; 70 Nos. type 'B' houses; 10 Nos. Type 'C' houses and 5 Nos. Type 'D' houses including water supply and sanitary installations. According to the Plaintiff, the total tendered amount for Job No. 4 worked out to Rs. 80,91,668.50 and the Plaintiff was to make construction of 23 Nos. Type 'A' houses, 19 Nos. Type 'B' houses, 6 Nos. Type 'C houses including water supply and sanitary installations. It was also averred that Plaintiff duly entered into agreement with the Defendants for the construction of the aforesaid jobs, awarded to him. It was also pleaded that the Plaintiff, according to the contract, completed the entire job with respect to Job No. 1 by 30th June, 1993 and with respect to Job No. 4 by 31st of March, 1994 for which due extensions were given by the Defendants to the Plaintiff from time to time. With respect to job No. 1, according to the Plaintiff, he handed over to the Defendants the possession of the following houses:

(3.) Before filing the written statement, the present application has been preferred by the Defendant -applicants for the stay of the proceedings and for referring the matter to the arbitration as per terms of the agreement.