SANDEEP KUNDU Vs. HUDA, GURGAON AND ANOTHER

JUDGEMENT

(1.) Contractor Sandeep Kundu has filed this first appeal assailing judgment dated 25.08.2011 passed by learned Additional District Judge, Gurgaon. Appellant is contractor of respondents - Haryana Urban Development Authority (HUDA) and its Chief Engineer. Appellant executed some work of respondents. There is arbitration clause in the agreement between the parties. Appellant filed application under Section 9 of the Arbitration and Conciliation Act, 1996 (in short - the Act) in the District Court, seeking interim injunction directing respondent No. 1 - HUDA to furnish bank guarantee, appointment of Local Commissioner to take measurement of the work executed by the appellant and for referring the dispute to Arbitrator.

(2.) During pendency of the aforesaid application, dispute between the parties has since been referred to Arbitrator. Accordingly, third prayer for referring the dispute to Arbitrator has been rendered infructuous.

(3.) First prayer for directing respondent No. 1 HUDA to furnish bank guarantee is not pressed before me. Only second prayer for appointment of Local Commissioner survived for adjudication.