NISHA RANI AGGARWAL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator.

(2.) The petitioner is the widow of late Sh.Satish Kumar Aggarwal. Late Sh.Satish Kumar Aggarwal had entered into the contract for the work "C/o 72 nos.Cat.III DUs, 48 Nos.Cat.II DUS and 72 Nos. S/g bldg.work/i/x/int.W/S&S/I etc. complete" with respondent no.1. Certain disputes arose out of the said contract which were to be settled in accordance with clause 25 of the agreement i.e. Arbitration clause. On the letter of the petitioner. One Sh.S.C.Kaushal was appointed as Arbitrator.

(3.) Notice was sent to the applicant at the old address where she had been residing when her husband was alive but could not be served as she.temporarily shifted to Chandigarh after the death of her husband, when she approached the Arbitrator for being made legal heir of her deceased husband, the Arbitrator informed her that he had already returned the file to the DDA. On this, the applicant moved DDA with a request that a new Arbitrator be appointed but her request was declined vide letter dated 15.2.1996. Feeling aggrieved, she moved the instant application.