Special case on question of law arising during reference of differences under building contract
In the Matter of an Arbitration between [parties] and In the Matter of the Arbitration and Conciliation Act, 2015
Special Case
THIS is a special case stated for the decision of the court [pursuant to an order of [the Honourable Mr. Justice ______________] dated ________ ] in accordance with section 8 of the Arbitration and Conciliation Act, 2015.
- By a contract in writing (annexed hereto and marked M. N. 1) dated the ______ day of _________, made between [claimant] (hereinafter called the claimant) and [respondent] (hereinafter called the respondent) the claimant agreed to build for the respondent and the respondent agreed to pay for a house to be built on certain land of the respondent at _________ [place] in accordance with a specification and plans in the said contract referred to at a price of Rs._______ or such other sum as should become payable in accordance with the conditions of the said contract.
- One of the conditions of the said contract was that any dispute that might arise between the parties should be referred to arbitration and a dispute did arise and was referred to me as sole arbitrator.
- At the hearing before me it was contended on behalf of the claimant that in calculating the amount due under the said contract I ought to have regard to certain correspondence between the parties relating to a contract dated the ________ day of ________ for another house being built by the respondent for the claimant on the adjoining site but having heard the objection of the respondent I declined to admit such correspondence as evidence. A bundle containing the said correspondence is annexed hereto and marked ______.
THE QUESTION for the decision of the court is:
Whether or not in calculating the amount due I ought to have regard to the said correspondence.
AS WITNESS etc.
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