TRISHUL CONSTRUCTION CO Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) BY this petition under Sections 8,11 and 12 of the Arbitration Act, 1940 the plaintiff a contractor seeks removal of defendant No.3 as an arbitrator and further seeks a substituted appointment in his place by the Court.

(2.) THE petitioner entered into a contract with the DDA defendant No.1 for carrying out the work of construction of 312 DUs comprising of 156 category III, 156 category II flats and 234 scooter garages at Vikas Kunj Sector B, pocket 9, etc. Formal contract was entered into between the parties on 19.12.1984. THE work could be commenced in March, 1986 and was ultimately completed on 19.10.89. Final bill was paid to the plaintiff on 20.12.91. Certain disputes arose out of the bill. In accordance with clause 25 of the contract which incorporates an Arbitration clause the plaintiff sought for appointment of an arbitrator and reference of disputes to adjudication by the arbitrator. THE Engineer Member of the DDA who is authorised by the arbitration clause to name an Arbitrator, appointed S.C. Kaushal Superintendent Engineer (Arbn) as the Arbitrator.

(3.) A decision of Patna High Court is a recent one. In M/f. Ruby; Construction Vs State Of BiharAnd Ors, AIR 1993 Patna 14 it has been held: