HARISH CHANDER Vs. NAVNEET KUMAR GARG

JUDGEMENT

(1.) This petition has been preferred under Section 9 of the Arbitration and Conciliation Act, 1996 by the petitioner seeking a direction to the respondents for removal of the goods kept in the showrooms belonging to the petitioners. The parties had entered into an agreement dated 10th February, 1995. The respondent under the agreement began operating his showroom of Bombay Dyeing in the premises bearing No. 5134/4, Main Bazar, Pahar Ganj, New Delhi. As per the petitioner, the agreement terms come to an end on 10.2.1998 and the petitioner is entitled to its possession and the respondent is liable to remove the goods. The present grievance of the petitioner was that the respondent was not removing its goods from the premises. The dispute had been referred to the arbitration of Justice Mrs. Santosh Duggal, a retired Judge of this Court pursuant to an order dated 31.3.1998. Counsel for the petitioner states that the learned Judge has terminated the proceedings under Section 32 of the Act on the respondent failing to lead evidence to support the claim.

(2.) Learned Counsel for the respondent submits that reply need not be filed to the petition and instead he would make submissions. Counsel for the parties have been heard.

(3.) With the consent of the parties the following order/directions are given :