P K KUKREJA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioners entered into an agreement with the respondent No. 1 for construction of 544 MIG houses in Pocket 'C' & "D' in Sector 18, Rohini. The said agreement contained a clause being Clause 25 for resolution of disputes and differences between the parties through arbitration.

(2.) Disputes having arisen between the parties to the contract in respect of the aforesaid agreement, the Engineer Member in terms of Clause 25 of the agreement appointed respondent No. 2 to act as a Sole Arbitrator. The Arbitrator entered into the reference before whom the parties filed documentary evidence. After hearing the parties at length and on consideration of the documentary evidence, the respondent No. 2 published his award on 28.12.1993. The petitioners accordingly filed the present petition in this Court seeking a direction to the respondent No. 2 to file the award dated 28.12.1993 alongwith the records of the arbitration proceedings and also for making the award a rule of the Court.

(3.) Notice of the aforesaid petition was issued to the respondent No. 1, upon service of which the respondent No. 1 filed an objection agast the aforesaid award which was registered as I.A. 3974/1994. Ms. Salwan appearing for the respondent No. 1 through her lengthy arguments supported the objections raised in the objection petition. I have also heard the learned Counsel appearing for the petitioners.