NONIT RAM RAJPUT Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) JUDGMENT (ORAL) , J.-

(2.) THIS is a petition under Section 20 of the Arbitration Act with, the prayer that the disputes that have arisen between the parties may be referred to the arbitration of the arbitrator to be appointed by the Engineer Member of the Delhi Development Authority in accordance with the arbitration agreement as entered into between the parties. Mr. M.L. Jain, learned counsel for respondent No. 1, states that respondent No. 1 has no objection to the matters being referred to arbitration of the arbitrator to be appointed by the Engineer Member of the DDA except that claim No. 6 in paragraph 10 relating to costs of arbitration proceedings cannot be referred to arbitration as it is not a matter of dispute between the parties and that is a matter in the discretion of the arbitrator. Mr. Rana, learned counsel for the petitioner, agrees that the matters in dispute other than the said claim No. 6 may be referred to arbitration. The petition is accordingly allowed to that extent. The matters in dispute as mentioned in paragraph 10 of the petition other than Claim No. 6 be referred to the arbitration of the arbitrator to be appointed by the Engineer Member of the DDA in accordance with the arbitration agreement as entered into between the parties. It shall be open to respondent No. 1 to file a counter-claim if any, before the arbitrator. The Engineer Member of the DDA is directed to appoint an arbitrator within two months from today. The arbitrator shall give his award in accordance with law. The parties to bear their own costs of these proceedings.