K.C. CHHIBBER Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petitioner Shri K.C. Chhibber, in his capacity as sole proprietor of M/s. K.C. Chhibber Company, has filed the present petition with the prayer that the vacancy caused due to the death of the Arbitrator Shri O.P. Mittal be supplied and a new Arbitrator be appointed in his place.

(2.) THE relevant history of the case, leading to the filing of the present petition, may briefly be stated thus :

(3.) I have heard the learned Counsel for the parties at length and have also carefully gone through the documents/material on record. It was argued by the learned Counsel for the petitioner that as Shri O.P. Mittal, the Arbitrator appointed by the Engineer member of the respondent-DDA vacated his office by reason of his death in April, 1991 and the vacancy caused due to the death of said Shri O.P. Mittal has not been supplied and no appointment in his place has been made despite repeated requests and service of notice dated the 18th March, 1996 on the respondent DDA, the Court may appoint an Arbitrator in place of said Shri O.P. Mittal to determine the disputes between the parties in terms of the arbitration agreement. It was further submitted by him that keeping in view the nature of the disputes, a technical person may be appointed as an Arbitrator. The learned Counsel for the respondent on the other hand submitted that since the Engineer member DDA has already appointed SE (Arbn.)-I as new Arbitrator in place of Shri O.P. Mittal, the petition virtually has become infructuous and, therefore, the same be dismissed as having been rendered infructuous.