Rajora Builders vs Municipal Corporation Of Delhi ...
1995 Latest Caselaw 976 Del

JUDGMENT

S.K. Mahajan, J.

(1) By this petition under Sections 5, 11 and 12 of the Arbitration Act, the petitioner had sought to revoke the authority of the appointed Arbitrator, namely, Sh. S.L. Khurana and for appointment of an independent person as an Arbitrator. During the pendency of this petition, Shri Y.P. Singh was appointed as the sole Arbitrator in place of Sh. S.L. Khurana. The said Sh. Y.P. Singh made and published his award on 27th September, 199 i which award was filed in Court and proceedings were taken in OMP. No. 187/91

(2) By order dated 14th December, 1995 passed in Omp Nos. 187/91 & 106/92, I have set aside the award made and published by the Arbitrator on 27/29th September, 1991.

(3) The only question which now refrains for consideration is as to what is the effect of setting aside the award and as to how the disputes between the parties are to be settled. It is agreed by the parties that in case, the appointed Arbitrator is unable to act, it was not the intention of the parties that the vacancy cannot be supplied. The effect will be the same, in case, the award of the Arbitrator has been set aside and there has arisen a vacancy.

(4) Though the petition has become infructuous, nowever, as it was not the intention of the parties not to supply the vacancy on account of the Arbitrator having ceased to function, may be for any reason, in my opinion i, it will be just and proper to appoint an Arbitrator to decide the disputes between the parties. I, accordingly, appoint Mr. Ashok Kashyap, Advocate, as the Arbitrator to decide the disputes which may be raised by the parties before him under agreement dated 12th December, 1984. Arbitrator, in the first instance shall be paid a fee of Rs. 7,500.00 to be shared equally by the parties. Petition is, accordingly, disposed of leaving the parties to bear their own costs. Petition disposed of.