KULDIP SINGH, M.K.MUKHERJEE, M.M.PUNCHHI, N.P.SINGH, S.SAGHIR AHMAD
Dodsal Private LTD. – Appellant
Versus
Delhi Electric Supply Undertaking Of The Municipal Corporation Of Delhi – Respondent
KULDIP SINGH, J.
(1) THE appellant entered into a work contract with the respondent. A dispute having arisen, the matter was referred to arbitration. The proceedings before the arbitrator commenced in the year 1971 and were completed in 1975. The two arbitrators gave the award dated 9-8-1975 in favour of the appellant and awarded a sum of rupees ten lakhs. Before the court the Delhi Electric Supply Undertaking (DESU), respondent in the appeal herein, filed objections and challenged the award on several grounds including that the contract was void being in violation of Sections 201-203 of the Delhi Municipal Corporation Act, 1957 (the Act) read with the bye-laws made under the Act inasmuch as it was not signed by the appropriate statutory authority on behalf of DESU. The learned Single Judge of the High Court accepted the objection based on Sections 201-203 of the Act and allowed the objection petition filed by DESU. The appeal filed by the appellant before the Division Bench of the High Court was dismissed.
(2) THIS appeal came for hearing before this Court on 14-2-1996. B.L. Hansaria, J. speaking for the Bench referred the matter to a Constitution Benc
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