ATTAR SINGH AND BROS Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is a petition filed by the petitiooner under Section 20 of the Arbitration Act praying that this Court be pleased to appoint an independent arbitrator to adjudciate upon the disputes or direct defendant No.2 i.e. appointing authority to appoint an abitrator to adjudicate in terms of the arbitration agreement..

(2.) The facts giving rise to the present petition are somewhat peculiar. Mr. S.C. Kaushal, Superintending Engineer arbitration had been appointed the arbitrator vide communication bearing No.EN12(18)/92/Arbn/9136-40 dated 25-6-1992. The arbitrator entered upon reference and commenced the proceedings.

(3.) It appears that during the hearing on 11-5-1993, petitioner claimant expressed his unwillingness to proceed with the matter before the abitrator. The arbitrator thereupon closed the case and sent the case file NO.ARB/SCK 1 to the Engineer Member vide his communication bearing No.F.(Retnd.)/SE-Abn.II/DDA/185 dated 20th May, 1993. It is in these circumstances, that the petitioners have filed the present petition under Section 20 of the Act for appointment of an arbitrator staling that the arbitrator being unable to act the respondent should appoint another arbitrator.