PRAMOD KUMAR JAIN Vs. M C D

JUDGEMENT

(1.) The petitioner, in this suit, challenges an award made by an agreed Arbitrator on 11.7.1997.

(2.) The petitioner had tendered for a works contract advertised on 4.4.1990 for widening/improvement of main road of Sultanpur resettlement colony of Najafgarh Zone, the contract was valued at Rs.26,95,858/- and was awarded on 7.11.1990. In its terms, the work had to be completed on or before 15.8.1991.

(3.) The contract contained a condition which stipulated that disputes and differences were to be referred to arbitration; this was in view of clause 25 of the standard terms and conditions. The petitioner-contractor invoked the arbitration clause through notice dated 12.5.1994. This has been recorded in the impugned award. As the respondent was inactive, the petitioner approached this Court under Section 20 of the Arbitration Act, 1940, and sought for an order to file the arbitration agreement. There was some doubt or dispute about the precise date when the proceeding (suit No.1792-A/1995) was filed. It was contended that the said proceeding was filed on 1.8.1995 by the respondent; the petitioner, however, contended by relying upon a certified copy of the order dated 19.11.1996, disposing of the said petition under Section 20, that it approached the Court and filed Suit No.1792-A/1995 on 21.3.1995.