NORTHERN SANITATIONS PRIVATE LIMITED Vs. DELHI CHARTERED ACCOUNTANTS CO OPERATIVE GROUP HOUSING SOCIETY LIMITED

JUDGEMENT

(1.) Disputes having arisen between the parties while executing the work of Sanitation, water Supply Installation in the flats constructed in Phase-11 an Phase-111 of Delhi Chartered Accountants, Co-operative Group Housing Society Ltd., Paschim Vihar, New Delhi, the said disputes were referred to the arbitration of Shri Swami Dial ,Retired Chief Engineer (CPWD) and Shri S.S.K. Bhagat, Chief Engineer (NDMC) in terms of Clause 35 of the Agreement. The aforesdaid two Arbitrators entered into the Reference and mutually agreed in a preliminary meeting held on 13.3.1996 to appoint Shri C. Rama Rao,Retired Director General of works (CPwD) as Umpire after obtaining his consent. The two Arbitrators thereafter proceeded to hear the arbtration proceedings and received the evidence on record and thereafter passed an Award on 9.8.1997.

(2.) Being aggrieved by the aforesaid Award passed by the Arbitrators the petitioner herein has filed objections, to which reply also stands filed. The aforesaid objections filed by the petitioner as also the Award passed by the Arbitrators were placed before me for my consideration alongwith the connected records and I have perused the same and also have heard the learned counsel appearing for the parties.

(3.) Counsel appearing for the petitioner at the initial stage raised a preliminary objection to the Award passed by the Arbitrator on the ground that the arbitration proceeding was conducted in accordance with the provisions of the new Arbitration and Conciliation Act and, therefore, the Award passed by the Arbitrator under the old Act cannot be sustained and is liable to be set aside and quashed. In support of the said contention the counsel drew my attention to the contents of the Award wherein the Arbitrators have recorded in the following manner :-