Delhi High Court
Sh.S.K. Marwaha vs Airports Authority Of India & ... on 30 January, 2009
Author: Anil Kumar
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) No.22/2008
% Date of Decision: 30.01.2009
Sh.S.K. Marwaha .... Plaintiff
Through Mr.Vivekanand, Advocate
Versus
Airports Authority of India & Others .... Defendants
Through Mr.S.K. Chandwani, Advocate with
Mr.Satvir Singh, Sr. Manager.
CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
1. Whether reporters of Local papers may be YES
allowed to see the judgment?
2. To be referred to the reporter or not? NO
3. Whether the judgment should be reported in NO
the Digest?
ANIL KUMAR, J.
*
1. This is a petition under Section 8 and 20 of Arbitration Act, 1940
contending inter alia that petitioner is a sole proprietor of M/s.Marwah
Construction Co. An agreement dated 28th May, 1985 was executed
between the petitioner and International Airport Authority of India
acting through its Executive Engineer (C) APD-I which has been
amalgamated and taken over by Airports Authority of India.
2. The plaintiff has contended that the agreement dated 28th May,
1985 contemplated settlement of all claims and disputes between the
parties by way of arbitration under clause 25 of the agreement. A copy
of agreement dated 28th May, 1985 is filed which is not denied by the
defendants.
3. The plaintiff has also contended that the disputes and differences
arose between the parties relating to subject work in the year 1985 itself
and the plaintiff had sought appointment of arbitration and had filed a
petition under Section 20 of Arbitration Act, 1940 being Suit
No.1396A/1985, which was allowed by this Court by order dated 6th
September, 1985 directing respondents to appoint an arbitrator.
Consequent thereto Brigadier Gobinder Singh was appointed as the sole
Arbitrator by letter dated 4th November, 1985.
4. According to the pleas of the plaintiff, additional claims and
disputes arose between the parties in respect of subject work and
another petition under Section 20 of Arbitration Act, 1940 being Suit
NO.2037A/1986 was filed and additional claims were also referred to
the sole Arbitrator.
5. Because of some disputes, a contempt petition being contempt
Petition No.1/1987 in Suit No.2037 of 1986 was also filed where Shri
K.B. Andley, Advocate, was appointed as an Arbitrator for adjudicating
the original claims and additional claims and they were referred to him.
6. Thereafter there had been proceedings between the parties for
appointment of another arbitrators and arbitrators were appointed who
resigned and ultimately the appointment of Shri K.B. Andley was also
recalled by order dated 28th March, 1985 and the defendants were
directed to appoint another arbitrator. Consequent thereto Shri W.D.
Dandge was appointed as Arbitrator by letter dated 29th February,
1996.
7. On account of alleged misconduct on behalf of the said Arbitrator
another petition for revocation of his authority was field, however, Shri
W.D. Dandge resigned and on his resignation Shri D.A.K. Chari was
appointed as an Arbitrator. Shri D.A.K. Chari also resigned as an
Arbitrator on 10th April, 2003 on his retirement where after Shri K.B.
Rajoia was appointed as a sole arbitrator by letter dated 22nd May, 2003
who also resigned on 27th December, 2004.
8. The assertion of the plaintiff is that after the resignation of Shri
D.A.K. Chari plaintiff has been seeking filling up the vacancy and
various communications have been addressed to the respondents,
however, the arbitrator has not been appointed nor the disputes have
been referred him. The petition has been filed consequent thereto for
appointment of arbitrator and reference of the disputes as detailed in
the list of disputes/claims annexed as Annexure P7 at page 31 of the
documents filed along with the petition.
9. The petitioner has suggested names of three arbitrators including
the name of Shri I.M. Singh, Former Engineer in Chief, PWD, GNCT,
Delhi, C-447, Sheikh Sarai-I, New Delhi-110017.
10. Learned counsel appearing for the defendants, on instructions,
states that defendants have no objection to the appointment of Shri I.M.
Singh, Former Engineer in Chief, PWD, GNCT, Delhi, C-447, Sheikh
Sarai-I, New Delhi-110017, as the sole Arbitrator.
11. Consequently, the petition is allowed. Shri I.M. Singh, Former
Engineer in Chief, PWD, GNCT, Delhi, C-447, Sheikh Sarai-I, New
Delhi-110017, is appointed as the sole Arbitrator and disputes/claims
as detailed in Annexure P7 annexed with the petition are referred to
him. Arbitrator shall give the award in accordance with law within the
time prescribed. Parties are directed to appear before the Arbitrator on
12th February, 2009 at 4.30 PM. A copy of the order be sent to the
Learned Arbitrator forthwith. Copies of the order be also given to the
parties dasti. The petition is disposed of.
JANUARY 30, 2009 ANIL KUMAR, J.
'Dev'
