ACRO ENGINEERING ENTERPRISES Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) JUDGEMENT (Oral) , .J-

(2.) THIS is a petition under section 20 of the Arbitration Act filed by M/s. Aero Engineering Enterprises against the Delhi Development Authority (For Short 'D.D.A.'), and its Engineering member. THIS petition was registered as a suit and notice issued to the defendants to show cause why the arbitration agreements be not filed. Although many opportunities were granted to the defendants to file their written statement they have not been able to do so.

(3.) HEN between the parties 1 direct the defendant Authority to file the original arbitration agreements within three weeks from to-day. I further direct the defendant to appoint an arbitrator within three weeks of the filing of the arbitration agreements and to refer to him the claims as are set out in the plaint/petition. In view of the statement of the learned counsel for the plaintiff I permit the defendant to file its counter-claims, if any, before the said arbitrator. In view of the fact that the extent of the counter-claims is not yet known I permit the plaintiff to file further claims, if any, after filing of the counter-claims by the defendant. I notice from the record that one of the applications filed by the defendant was allowed subject to payment of Rs. five hundred as costs. So far that amount has not been paid. I make it clear that permission granted to the defendant to file its counter claims before the Arbitrator is subject to the payment of the above said amount of costs. A copy of this order may be handed over to the learned counsel for the D.D.A. to be conveyed to the Engineer member who is to appoint an Arbitrator.