GREESH AGARWAL Vs. NATIONAL BUILDINGS CONSTRUCTION

JUDGEMENT

(1.) THE Petitioner, a contractor, has invoked Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 (for short, the Arbitration Act) and filed the present Petition in this Court on 20.01.2010. Based upon an agreement having an arbitration clause between the Petitioner and Respondent no.1, as the dispute arose in reference to a construction contract of Haryana Road Works dated 31.08.1989, Respondent no.1, by letter dated 10.05.1994, intimated to the Petitioner that appointment of sole Arbitrator by order dated 22.04.1992 to adjudicate the dispute. By this letter, there was specific direction to the parties to appear before the Arbitrator and to file claim and counter claim within 21 days so prescribed. The matter could not be proceeded further. The Petitioner, therefore, by letter dated 20 September 2000 requested the Arbitrator to give other date for hearing.

(2.) RESPONDENT no.2, the Arbitrator, accordingly heard the parties and as agreed extended the time upto 21 December 2001. The time was accordingly granted to both the parties to take appropriate steps. It is clear from this correspondence and as there is o dispute, the hearing took place at Delhi.

(3.) THE Petitioner by letters dated 13.08.2007 and 14.01.2009 again requested to intervene in the matter as the arbitration proceedings have been pending since 1992.