NORTHERN ZONE PHYSICALLY HANDICAPPED RAILWAY EMPLOYEES CO OPERATIVE GROUP HOUSING SOCIETY LIMITED Vs. SHANTI DEVELOPERS AND PROMOTERS

JUDGEMENT

(1.) This is a petition filed under Section 28 of the Arbitration Act seeking extension of time for making and publishing the award by the Arbitrator.

(2.) The respondent had filed a petition under Section 28 of the Arbitration Act, 1940 bearing Suit No. 3045-A/1992 for reference of the disputes in respect of the construction of flats for the petitioner society. The Court had appointed Justice Santosh Duggal, a retired Judge of this Court as Arbitrator vide order dated 6.5.1993. The Arbitrator had entered upon reference on 10.7.1993. Thereafter time for making and publishing the award was extended upto 10.3.1994,10.7.1994 and finally till the 9th of November, 1994. On 7.1.1995, the respondent declined to extend further time for making and publishing the award.

(3.) Counsel for the parties have taken me through the record of the arbitral proceedings. Learned Counsel for the petitioner has urged that the respondent himself has been responsible for the initial delay in completion of the pleadings as well as in not attending the proceedings on a number of dates. Besides, the submission of the petitioner is that having regard to the nature of the controversy involved, the Arbitrator had been acting with reasonable despatch. Delay was occasioned on account of either adjourn- ments being sought by the respondent or due to objections being raised by the respondent. Learned Counsel for the respondent refutes these allegations and submits that it was the respondent who had sought reference of disputes to the Arbitrator and the respondent was anxious to have his own claims adjudicated expeditiously. He contends that huge amounts were due to the respondent, which has been wrongly withheld.