R K ANEJA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This order will dispose of suit filed by the petitioner under Section 20 of the Arbitration Act for filing arbitration agreement in Court and for reference of disputes thereafter to the Arbitrator.

(2.) The Facts in short are:

(3.) That an agreement was entered into between the parties for construction of certain dwelling units under the Self financing Scheme of respondent No. 1. Certain disputes having arisen between the parties the plaintiff sought those disputes to be referred to an Arbitrator. For this purpose, notice dated 15/4/1992 was given to the Respondent. This notice was received by respondent No.1 on 6/5/1992. The respondent in reply to the notice stated that intimation of the readiness of the final bill was conveyed to the plaintiff on 21/1/1992 and as the plaintiff has not invoked arbitration within 90 days from the date of such intimation, all his rights under the agreement had extinquished and consequently the petition was not maintainable. On such refusal of the respondent to refer the matter to Arbitrator this petition was filed. In reply to the petition the respondent has besides other objections taken an objection of the petition being barred by limitation inasmuch as the rights of the petitioner were alleged to have been extinguished as no demand for arbitration was made within 90 days from the date of intimation of the readiness of the final bill. On the pleadings of the parties this Court framed the following issues: