RAM SINGH Vs. NATIONAL CAPITAL TERRITORY OF DELHI

JUDGEMENT

(1.) JUDGMENT

(2.) BY this petition, under Section 20 of the Arbitration Act, the petitioner prays for filing of the agreement containing the arbitration clause and also the reference of disputes detailed in para 11 of the petition in terms of Clause 25 of the Arbitration Act for adjudication to the arbitration.

(3.) IN view of the above, the disputes enumerated in the petition would beliable to be referred to the arbitration for adjudication. Clause 25 of the General Conditions of the Contract, requires the disputes arising out of the agreement between the parties, to be referred for resolution/adjudication of the same to the arbitration agency. This clause also requires respondent No. 2, the Chief Engineer, toappoint/ name the Arbitrator for adjudicating the disputes between the parties. It, therefore, follow from the above, that the petitioner is entitled to the relief claimed and the disputes enumerated in para 11 of the petition, being arbitrable referred to the agency of arbitration for adjudication and respondent No. 2, therefore, required to name/appoint the Arbitrator in accordance with Clause 25 of the General Conditions of Contract. I, therefore, pass the following order : ORDER The petition is allowed. The disputes enumerated in para 11 of the petition, are referred to the arbitration of the Arbitrators, who shall be appointed/named by respondent No. 2, in accordance with Clause 25 of the General Conditions of Contract, within 4 weeks from today. The Arbitrator so named/appointed shall enter upon the reference after the receipt of communication from respondent No. 2, in accordance with Clause 25 and shall make and publish the award within 4 months from the date of entering upon the reference. This Order be communicated to respondent No. 2 for compliance. No order as to costs of this petition.