SUSHIL KUMAR AND CO Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is a petition filed by Sushil Kumar & Co. under Sections 11, 12 and 20 of the Arbitration Act, 1940 seeking appointment of an independent arbitrator and for removing the arbitrator appointed by the Delhi Development Authority.

(2.) The relevant facts alleged are that the Delhi Development Authority had awarded a contract to the petitioner for construction of 240 LIG houses in Rohini. There was an arbitration clause in the contract that disputes shall be referred to the arbitrator. It is asserted that certain disputes. arose between the parties and the petitioner had invoked the arbitration clause. Upon it the Engineer Member of the DDA appointed an arbitrator, namely The Superintending Engineer (A L Garg). He was transferred and Shri M Kukusuani took over as arbitrator. Thereafter he was followed by Suresh Mehta on the transfer of the earlier officer. There was some controversy regarding extension of time. The petitioner filed an application under Section 28 of the Arbitration Act and tine was extended. Suresh Mehta was also transferred and Shri R B Malhotra took over as the arbitrator, Shri R B Malhotra too was transferred and Mr. N K Sharma was appointed as the arbitrator.

(3.) The grievance of the petitioner is that Shri N.K. Sharma adjourned the proceedings sine die stating that the time for making the award has expired. He ignored the fact that by mutual consent the time could be extended. He misconducted himself. Furthermore it is alleged that more than six years have expired. Because of frequent transfers of the officers the award is not being passed.