SUSHIL SHARMA Vs. VIJAY NARAIN PANDEY

JUDGEMENT

(1.) PLAINTIFF Shri Sushil Sharma has come before this Court with the case that he is the owner of free hold plot bearing No. 145, Savitri Nagar, Post Office Malviya Nagar, New Delhi. That defendant Mr. Vijay Narain Pandey is a builder and contractor. According to the plaintiff, defendant entered into a contract to bring down the existing structure on the said plot and to built a multistoryed residential flats with the right to sell out the flats except one flat which was to be chosen by the plaintiff himself and to pay the amount of Rs. 30 lakhs to the plaintiff. The said agreement took place on 4th of May, 1989 and in part performance of the said agreement defendant paid a cheque of Rs. 2 lakh and agreed to pay the remaining amount within 18 months. But when the plaintiff presented the said cheque it was dishonoured. Therefore, plaintiff contacted defendant. At that time, defendant again gave three cheques of Rs. 1 lakh each and promised to pay the remaining amount as agreed. When the said cheques were presented only one cheque was encashed and others were not realised. But in spite of that the plaintiff urged defendant repeatedly to complete the work and to pay his amount but defendant avoided to do so. In the agreement which took place between the parties on 4th May, 1989 there is an agreement clause to refer the dispute between the parties to an arbitrator. Therefore, plaintiff has filed the present suit under Section 20 of the Arbitration Act seeking appointment of an arbitrator in order to refer the disputes between the plaintiff and the defendant.

(2.) THOUGH the defendant was duly served, he did not put in appearance and hence this suit has to be tried ex parte against the defendant. The plaintiff is directed to prove his claim on affidavits. He has, accordingly, filed affidavit.