JAGAN NATH ASHOK KUMAR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) M/s. Jagan Nath Ashok Kumar entered into a contractwith Delhi Development Authority (in short D. D.A.') for the construction ofshoping-cum-resiential block at Turkman Gate. The said agreement also containedarbitraion clause which provided that in case of any dispute arisen between theparties, the same shall be referred to the sole Arbitrator to be appointed by theEngineer Member of the D.D.A.

(2.) Dispute arose between the parties in respect of the work executed by thepetitioner, which was refuted by the D.D.A., hence the claims were preferred to theEngineer Member of the D.D.A., who in turn appointed Shri Banarsi Dass,respondent No. 2 herein as the sole Arbitrator to adjudicate the claims and counterclaims of the parties.

(3.) The Arbitrator after going through the record and after hearing the partiesmade and published his award dated 21/10/1991. The said award wasordered to be filed in the Court. Notice of the filing of the award was issued to theparties. Petitioner did not file any objection. However, on behalf of the respondent/D.D.A. objections have been filed which are listed as IA.No. 9278/92.