Suresh Chand Ahuja vs Govt. Of Nct Of Delhi & Ors.
2000 Latest Caselaw 655 Del

ORDER

Mukul Mudgal, J.

1. This is a petition under Section 11(6) of the Arbitration & Conciliation Act, 1996, seeking reference of the claims as stated in Para 7(xiii) to the appointed arbitrator Shri Y.P.C. Dangay in terms of the Clause 25 of the Contract for adjudication.

2. It is stated that Mr. Y.P.C. Dangay has been appointed as an arbitrator by the respondents to adjudicate the claims/disputes of the petitioner. However, the learned counsel for the petitioner states that only three claims out of the claims enumerated in Para 7(xiii) have been referred and rest of the claims including the claim for interest has not been referred without there being any basis and justification for the same.

3. No reply has been filed on behalf of the respondents despite the time granted on 4th February, 2000. Accordingly, after hearing the learned counsel for the parties, the petition is allowed. The claims enumerated in Para 7(xiii) are referred to the appointed Arbitrator, i.e., Mr. Y.P.C. Dangay in terms of Clause 25 of the General Conditions of the Contract for adjudication. Parties are permitted to raise such pleas as to the maintainability of the claims before the Arbitrator as are available to them in law.

The petition is accordingly disposed of.