LAWS(DLH)-1992-11-26

HEMKUNTBUILDERSPVT LIMITED Vs. PUNJABI UNIVERSITY PATIALA

Decided On November 25, 1992
HEMKUNT BUILDERS PRIVATE LIMITED Appellant
V/S
PUNJABI UNIVERSITY, PATIALA Respondents

JUDGEMENT

(1.) JUDGMENT-

(2.) BY an agreement in writing dated 30.1.1984 M/s.Hemkunt Builders Pvt. Ltd. (hereinafter called the Objector) entered into anagreement with Punjabi University, Patiala for construction of Holiday Homeof Punjabi University, Patiala at Mussorie. The terms and conditions wereincorporated in the agreement which also contained an arbitration Clause,being Clause No. 11 in the following terms :Clause 11:

(3.) DR. Sidhu refuted the contention raised by Mr. Dhir. He statedthat DR. Bhagat Singh succeeded Mr. S.S. Johl as Vice Chancellor of theUniversity and the Court appointed him as the arbitrator. He accepted theappointment as an arbitrator and he did signify his intention to act as anarbitrator by a notice sent to the Objector. In support of this contention herelied upon a judgment of the Supreme Court in the case of M/s. P.G. Agencies v. Union of India, AIR 1971 SC 3298. wherein the Supreme Courtobserved as under: