AJAY JAIN Vs. ATUL GUPTA

JUDGEMENT

(1.) This is an application under Section 11 of the Arbitration and conciliation Act, 1996. Even after service of notice none appeared on behalf of the respondent. Accordingly the matter is taken up for hearing. A collaboration agreement for reconstruction and redevelopment of the property measuring 200 sq. yds. bearing plot No. 17 in Block No. 3, East Patel Nagar, New Delhi was undertaken by the petitioner, the respondent being the owner thereof. The relevant clause 2 of the Collaboration Agreement provided as follows:-

(2.) The petitioner avers that he has fulfilled its obligation under the agreement. The respondent has refused to do so and has not yet given him the possession of the lower ground floor and has only given the possession of first floor which has been sold off by the petitioner. Accordingly the applicant had proposed the name of Shri Uday Umesh Lalit, Advocate as Arbitrator as per the arbitration agreement which was not responded to by the respondent. Clause 37 of the agreement provides for arbitration and reads as follows:-

(3.) Accordingly the petition is allowed. With the consent of the learned counsel for the petitioner, Shri Prabhakar Singh, Supdt. Engineer, Circle-I, CPWD, I.P. Bhawan, New Delhi (Mob. 9818772910) is appointed as Arbitrator who is directed to pronounce his award within four months from today. He will be paid Rs. 30,000/- towards his fee. He will also be entitled to reimbursement of expenses. The parties to approach the Arbitrator expeditiously and not later than four weeks from today.