PREM LAL SINGH YADAV Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) For adjudication of disputes with respondent, petitioner has filed the present petition under the provisions of Sec. 11of the Arbitration and Conciliation Act, 1996 seeking appointment of sole Arbitrator.

(2.) Pertinently, the case of the petitioner rests upon Agreement No. 10/EE/WD-13/DDA/11-12 dated 1/6/2011 entered with respondent for work "Maintenance of various colonies under Dwarka Zone Nazul Account II SH : Repair of interlocking paver blocks, providing fixing RCC slab manhole covers and cleaning desilting of drain along 30.00 mtr. wide R/W at Sector 23 Dwarka" for an estimated Cost Rs. 6,01,409.00 and tendered cost Rs. 3,99,919/-, awarded on 31/5/2011, to be completed within a month.

(3.) According the petitioner, the aforesaid work was completed on 31.10.2011 within the stipulated period of one month, against which petitioner had raised bills. However, certain disputes arose between the parties and respondent vide its letter dated 17.01.2021 informed the petitioner that the work was not completed in a proper manner. The disputes were adjudicated by an Arbitrator and the Award was published on 29.04.2016, wherein claims of petitioner were dismissed, which was challenged under Sec. 34 of the Act. The said petition was allowed vide judgment dated 10.12.2020, in pursuance whereof, petitioner served a notice dated 11.01.2021 upon Engineer Member being persona designate for appointment of Arbitrator in terms specified in Agreement No. 10/EE/WD- 13/2010-11 executed on 01.06.2011, which provides for the settlement of disputes through Arbitration. Since the aforesaid notice remained unanswered by the respondent/DDA, petitioner has approached this Court seeking appointment of an Arbitrator.