NAVEEN KUMAR Vs. DDA

JUDGEMENT

(1.) By way of the present appeal under section 37(2) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act), the Appellant is challenging the order dated 11th October, 2017 passed by the Sole Arbitrator.

(2.) The dispute between the parties arises out of a parking contract at parking site named as 'Group-I, in front of Plot No. 16, Rajendra Place, New Delhi'.

(3.) The Sole Arbitrator vide his interim order dated 29th April, 2016 had directed the Appellant to furnish a bank guarantee for an amount of Rs. 42,26,860/- of Nationalized Bank to secure the respondent. On an application filed by the Appellant, the Arbitral Tribunal recalled the above directions vide his order dated 8th September, 2016. This was challenged by the respondent before this Court by way of Arbitration Appeal (Comm) No. 2/2017. This Court by way of a detailed order passed on 18th August, 2017 allowed the said appeal quashing the order dated 8th September, 2016 passed by the Arbitrator. Paragraphs-9 to 11 of the said order record that no cogent reasons were discernible as to why the order dated 29th April, 2016 needed review/modification/recall. The same are quoted herein below:-