VIJAY INDUSTRIES AND PROJECTS LTD Vs. NTPC LIMITED

JUDGEMENT

(1.) This order shall dispose of petition of petitioner under Section 28 of Arbitration and Conciliation Act, 1940 for enlargement of time for making of the award.

(2.) The brief facts to comprehend the controversies between the parties are that petitioner contended that for the work awarded to him disputes arose and as there was an arbitration agreement between the parties, upon invocation of arbitration clause by the petitioner, respondent did not appoint their nominee arbitrator. It was asserted that the respondent did not participate in the arbitral proceeding on 29.7.1995 and thereafter filed suit No.2065A/05 seeking that the arbitration agreement between the parties be superseded and pending decision in the petition, the arbitration hearing be stayed.

(3.) On the petition of the respondent seeking superseding the arbitration agreement, by order dated 11.9.1995 the arbitration proceedings were stayed, as the allegation levelled in the petition were that the respondent no.2 has been convicted under the Prevention of Corruption Acts.