Economic Development Corporation Of ... vs Sunivas Builders And Others on 21 June, 1996
6. Coming to the second point which has been raised in this petition, there is no dispute that the matter had to be referred to the Architect before invoking the arbitration clause. The bone of contention between the parties is that according to learned Advocate Shri Tamba no reference had been made to the Architect, but on the contrary learned Senior Advocate Shri V. B. Nadkarni, states that a reference was made and the claim put forward by respondent No. 1 is deemed to have been rejected by the Architect. In this connection it was also argued by learned Advocate Shri Tamba that no evidence has been recorded in the application under Section 33 of the said Act and he has also tried to make distinction between certifying of the bill by Architect and rejection of the claim. On this aspect he has relied upon a judgment of Division Benth of this court in Shree Construction Company v. The Mumbai Postal Karmachari Co-operative Housing Society Ltd. .