PRADEEP KUMAR KAIRA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS is an appeal under Section 39 of theArbitration Act, 1940, hereinafter referred to as the Act. arising out of an order dated 11th of July 1988 made by Shri P.D. Jarwal Sub Judge 1stClass, Delhi, refusing to file the arbitration agreement between the parties.

(2.) THE appellant entered into a contract with respondent No. 1 forthe work of "Maintenance and Development of JJR Colony Hastsal SH,providing metalling and premixing carpet on dry brick edge flooring inBlock A-2, B & C (Balance Work)". THE contract contained an arbitrationclause No. 25 wherein the Engineer Member of the D.D.A. is designated asthe person to nominate an arbitrator in case of disputes between the particsarising out of the said contract.