H P GUPTA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of the Arbitrator for adjudicating the disputes and differences referred in the petition. Respondents have failed to appoint the Arbitrator inspite of request of the petitioner. There is a delay of 9 days in filing the instant application. The petitioner has sought condonation of delay by moving the application under Section 5 of the Limitation Act bearing IA.No.10142/2000. when the petitioner contacted their senior counsel in August, 2000, they were informed that he had gone abroad and would be returning in 3rd week of August. Thereafter, the attorney of the petitioners fell ill and was confined to bed rest for a period of two weeks. The moment the attorney resumed duties the instant petition was filed. In view of the aforesaid explanation, the application is allowed. IA stands disposed of.

(2.) The petitioner was awarded the work of construction of 330 LIG Incremental Houses including internal water supply, sanitary installations and internal development work in Section B-4, Pocket-6, Group-11 at Narela by respondent No.2 vide agreement dated. 27/09/1990.

(3.) The failure of the respondents to file the reply to the application inspite of large number of opportunities shows that there is no dispute as to the invocation of the arbitration clause by the petitioner after receipt of the final bill on 9/09/1997.