GURSIMRAN SINGH Vs. MCD

JUDGEMENT

(1.) This is a petition under Section 11 of the Arbitration and Conciliation Act, 1996.

(2.) The parties had entered into an agreement for the construction of a drainage system. According to the Petitioner some disputes had arisen with regard to the concrete mix as well as alignment of the drain and removal of certain electricity poles. It is submitted on behalf of the Petitioner that in spite of representations having been made to the Respondents, no decision was taken on any of these issues by them with the result that the men and materials of the Petitioner were lying idle for a considerable period of time.

(3.) In view of this position, the Petitioner addressed a letter dated 19th May, 2004 to the Commissioner, MCD pointing out that there are some disputes and differences between the parties and that these need to be referred to arbitration. The Petitioner invoked the arbitration Clause which is clause 25 of the agreement between the parties for the appointment of the Arbitrator. Since no action; was taken by the Commissioner, the present petition has been filed.