S K MARWAHA Vs. AIRPORTS AUTHORITY OF INDIA

JUDGEMENT

(1.) THIS is a petition under Section 8 and 20 of Arbitration Act, 1940 contending inter alia that petitioner is a sole proprietor of M/s. Marwah construction Co. An agreement dated 28th May, 1985 was executed between the petitioner and International Airport Authority of India acting through its executive Engineer (C) APD-I which has been amalgamated and taken over by airports Authority of India.

(2.) THE plaintiff has contended that the agreement dated 28th May, 1985 contemplated settlement of all claims and disputes between the parties by way of arbitration under clause 25 of the agreement. A copy of agreement dated 28th may, 1985 is filed which is not denied by the defendants.

(3.) THE plaintiff has also contended that the disputes and differences arose between the parties relating to subject work in the year 1985 itself and the plaintiff had sought appointment of arbitration and had filed a petition under Section 20 of Arbitration Act, 1940 being Suit No. 1396a/1985, which was allowed by this Court by order dated 6th September, 1985 directing respondents to appoint an arbitrator. Consequent thereto Brigadier Gobinder Singh was appointed as the sole Arbitrator by letter dated 4th November, 1985.