(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 : The petitioner was entrusted with the work of construction of 408 MIG Houses at Pitampura (Dakshini), Pocket A at the estimated cost of Rs. 82,31,808.00 by the Executive Engineer, Development Division-VI, jhandewalan. New Delhi vide letter dated 7.12.80 and an Agreement bearing No. 146/EE/DD-VI/80- 81-0000 was executed between the parties in relation thereto. The abovesaid Agreement contained an arbitration clause (Clause 25) which contemplated reference of all disputes between the parties to the sole arbitration of the person to be appointed by the Engineer Member of the respondent-Delhi Development Authority (hereinafter referred to as 'the DDA') as the Arbitrator. It is stated that disputes/differences arose between the parties within the meaning of the Arbitration Agreement The petitioner invoked the arbitration clause and as no heed was paid to his request, the petitioner filed a petition under Section 20 of the Act before this Court. This Court vide order dated 31.10.93 passed in Suit No. 889-A/83=51 (1991) DLT 581, entitled- Shri K.C. Chhihber v. DUA inter-alia directed that all disputes between the parties be referred to tlie sole arbitration of the person to be appointed by the Engineer Member of the respondent DDA within two months from the date of the order. It is averred that Shri S.P. Banwait, SSW-I of DDA was appointed as the sole Arbitrator by the Engineer member vide letter dated 26.12.83. Said Shri S.P. Banwait, it is stated, did not proceed with the case due to certain administrative reasons and ultimately resigned from the post of the Arbitrator vide letter dated 22.7.85 and in his place Shri O.P. Mittal, Chief Engineer (Retd.) CPWD was appointed as a Sole Arbitrator. It is further stated that said Shri O.P. Mittal too vacated his office by reason of his death in April, 1991. The petitioner from May, 1991 to 1996 made repeated requests and also got served a notice dated the 18th March, 1996 on the respondent but no heed was paid to the above requests and notice of the petitioner. The petitioner in the present petition has prayed that as the respondent lias neglected to appoint an Arbitrator in terms of the arbitration agreement, the respondent has forfeited its right to appoint a new Arbitrator and that an independent technical Arbitrator be appointed in place of Shri O.P. Mittal who has expired in April, 1991.
(3.) Notice of the petition was given to the respondent who has filed reply slating therein that the petition has become infructuous as the Engineer Member vide letter dated 12.7.96 has already appointed SE(Arbn.)-las the new Arbitrator to determine the disputes referred to the earlier Arbitrator. It is stated in the reply that in view of the above fact the present petition filed by the petitioner deserves to be dismissed.