Law: Arbitration Act (X of 1940)

Section: 13,17,33,39

Law: Civil Procedure Code (V of 1908)

Section: 115,33

(a) Arbitration Act (X of 1940)-----   ---Ss. 13, 17, 33 & 39-- Orders whether appeal-able.   Radha Kishen v. Bombay Company Ltd. A I R 1943 Lah. 295 rel.   (b) Civil Procedure Code (V of 1908)------   ---S. 115 read with S. 33, British Baluchistan Courts Regulation-Finding of fact by lower Courts-High Court cannot interfere with in revision.   Gobind Lai and another v. Darbari Lai Devi Kishan Das Hukamchand and another A I R 1929 Lah. 688 ; Mst. Swaraswati and another v. Wali A I R 1935 All. 456 and Kesho Lai Ranrdayal Kahar v. Laxman Rao Ramkrishana Rao Deshpande A I R 1940 Nag 386 ref.   Dates of hearing : 22nd and 23rd July 1959.     JUDGMENT   On the 7th April 1955, Haji Abdul Ghafur Rishi petitioner entered into a contract (Exh. P. B.) with the Deputy Chief Engineer and Secretary, P. W. D. in Baluchistan, for the con struction of four miles of road in the Loralai Division. One of the conditions of this contract, to which both parties agreed, was:-   "In the case of contracts accepted by the Engineer-in-Chief, the Director of Works, Deputy Chief Engineers and C & MES exercising enhanced powers, the Arbitrator will be an Engineer Officer of the MES not below the following rank and nomi nated by the QMG GHQ:-   For claims below rupees two lacs Lieut. Colonel or S. E.   For claims of rupees two lacs and over Colonel or S. E. holding an appointmentnormally tenable by a Colonel.   "In tire case of contracts accepted by all other accepting officers, the Arbitrator will be an Engineer Officer of the MES not below the rank of Lt.-Colonel, or S. E. to be nominated by Engineer-in-Chief."   This contract was agreed to be extended for another nine miles of the same road and Amendment No. I (Exh. P. A.) was drafted for this purpose, but it was not signed by the Deputy Chief Engineer and Secretary, P. W. D., in Baluchistan, which was essential under the relevant rules. The first amendment to this agreement (Exh. P. E.) was actually made on the 18th July 1955, and a second amendment (Exh. P. C.) was made in the month of April (1956. After completion of the work, the petitioner…