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J U D G M E N T (Arising out of Special Leave Petition (C) No. 7835 of 2003) R.C. LAHOTI, CJI.

Leave granted.

The appellant-Dharma Prathishthanam is a charitable institution. The respondent is a builder engaged in construction activity. In the year 1985, the appellant proposed to have a building constructed for which purpose it entered into a works contract with the respondent for the construction as per the drawings and specifications given by the appellant. We are not concerned with the correctness or otherwise of the allegations and counter allegations made by the parties which relate to the question who committed breach of the agreement. Suffice it for our purpose to say that disputes arose between the parties. Clause 35 of the agreement which is the arbitration clause reads as under:-

"Notice to:
Dharma Prathishthanam A, 214, New Friends Colony, New Delhi  65.
Whereas Shri Swami Dayal the Arbitrator has filed the award dated 14.4.90 delivered by the said Arbitrator with Arbitration proceedings in Court in disputes inter se you respondent and petitioner for being made a rule of the Court. You are hereby called upon to file objections, if any, in accordance with law to the said award within 30 days of the Service of this notice.
And petitioner has filed an application I.A. No. 8446/90 under Section 17 of the Arbitration Act, 1940 on 20.9.91.