M.G.F. (India) Ltd. vs Dula Ram
2000 Latest Caselaw 215 Del

ORDER

Mukul Mudgal, J.

1. This is a petition on behalf of the Petitioner under Section 20 of Arbitration Act, 1940 seeking for a direction to the respondents for filing the original Arbitration Agreement in the Court and also for the reference of disputes to the named arbitrator.

2. It is stated that the Guarantor Shri Shanti Lal, i.e. respondent No. 2 herein has been deleted from the array of respondents by filing an amended memo of parties on 1st August, 1997. Accordingly, the application as per the Order dated 31st January, 2000 is not required to be filed now.

3. The matter is proceeded ex-parte against respondent No. 1 as per Order dated 15th October, 1998.

4. The arbitration agreement, contained in the Lease Agreement dated 11.2.1988 between the parties reads as follows :

"38-A-All disputes, differences and/or claims arising out of this agreement shall be settled by arbitration in accordance with the provisions of Indian Arbitration Act 1940 or any statutory amendments thereof and shall be referred to the sole arbitration of Sh. Shashi Vansh Bahadur, Advocate, Delhi or in case of his death, refusal, neglect, incapability to act as an arbitrator then to the sole arbitration of Shri Inderjit Gulati, Advocate, Delhi. The reference to the arbitrator shall be within the clauses, terms and conditions of this Agreement. The Award given by the arbitrator shall be final and binding on both the parties."

5. Accordingly the petition is allowed. The respondents are directed to ile the original Arbitration Agreement in this Court within 6 weeks from today and the disputes/differences (as enumerated in Para 9 of the petition) arisen between the parties are referred to the Sole Arbitration of Shri Shashi Vansh Bahadur, Advocate, Delhi, who will now proceed in accordance with law.

6. Petition stands disposed of.