ANANT RAJ AGENCIES Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This Order will dispose of the above mentioned application filed by the respondent Delhi Development Authority (hereinafter referred to as 'the DDA') under Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the CPC').

(2.) The facts relevant for the disposal of the above mentioned application lie in narrow compass. The work of the construction of 8314 Houses in Sector XV, Rohini SH: Construction of 352 EWS Houses in Block A, Pocket 5 to 7, was awarded to the petitioner and an agreement bearing No. 7/EE/RPD-4/ DDA/ 85-86 was entered into between the petitioner and the Executive Engineer of the respondent DDA. Certain disputes arose between the parties and the petitioner invoked the arbitration clause. The disputes/differences between the parties, in terms of the arbitration clause, contained in the agreement, were referred to the arbitration of Shri L.R. Pahwa (respondent No. 2) who entered upon the reference and made and published his award on 26.3.96. 2. The petitioner filed a petition under Sections 14 & 17 of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') for filing the award and making the same a rule of the Court. In the above mentioned petition which came to be numbered as Suit No. 884-A/96, the Delhi Development Authority through its Vice-Chairman was arrayed as the first respondent and the Arbitrator Shri L.R. Pahwa as the second respondent. On the filing of the award alongwith the proceedings by the Arbitrator a statutory notice was issued to the respondent DDA. It would be useful to reproduce the same which reads as under:

(3.) The respondent DDA has filed the above mentioned application stating of the award was given to the Engineer-in-Charge (Executive Engineer, Division No. IV, DDA) and that the notice was served in the office of the Vice-Chairman on 10.8.96 without any details such as the name of the work, details of the arbitration matter as a result of which objections could not be filed on behalf of the respondent DDA. It is prayed by the respondent DDA in the above mentioned application that in exercise of its in herent powers,the Court may setaside the judgmentand decree dated7.11.96 and allow the respondent DDA to file objections within four weeks.