Sanyukt Nirmata vs Delhi Development Authority And ...
2004 Latest Caselaw 1293 Del

JUDGMENT

O.P. Dwivedi, J.

1. Heard.

2. It is pointed out by the learned counsels for the parties that parties invoked arbitration clause and the appointing authority appointed Shri S.C. Kaushal, SE (Arbn.)-II as arbitrator on 27.10.1995. However, arbitration proceedings made no headway and then Shri S.K. Malhotra was appointed as arbitrator in August 1996. He also did not make much progress in the arbitration proceedings and he was succeeded by Shri Som Dev at the end of October 1998. Shri Som Dev was associated with this work, so he declined to proceed with the case and returned the arbitration record to the appointing authority. Thereafter Shri N.K. Sharma, SE (Arbn.)-I at that time was appointed as arbitrator vide letter dated 18.11.1998. Shri N.K. Sharma, has already retired from the service. It appears from the record that these officers are not really interested in doing arbitration work. In this case more than ten years have been passed but no progress has been made in the adjudication of the disputes. Evidently the arbitrators have failed to use all reasonable dispatch in entering on and proceeding with the references and making an award. Learned counsel for the petitioner his relied upon the case of Sanyukt Nirmata v. DDA, decided on 6th March, 2002 in OMP No. 89/2002. In that case also in somewhat similar circumstances, an independent arbitrator was appointed. Taking all facts into consideration, an independent person is required to be appointed as arbitrator. Shri K.L. Sehgal, Retired CMD, NIDC, 8 Link Road, Jangpura, New Delhi is appointed as sole arbitrator to enter upon the reference and complete the arbitration proceedings expeditiously. Arbitrator will fix his own fee subject to a maximum of Rs. 50,000 to be shared equally by, the parties.

3. Petition is disposed of in the aforesaid terms.

4. Parties are directed to appear before the sole arbitrator on 2nd December, 2004 at 4.30 p.m.

5. A copy of this order be sent to the learned arbitrator.