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2002 Supreme(Del) 231

DALVEER BHANDARI, VIKRAMAJIT SEN
KISHAN CHAND SURENDRA KUMAR – Appellant
Versus
DELHI SCHOOL TEACHERS CO-OPERATIVE HOUSE BUILDING SOCIETY LIMITED – Respondent


DALVEER BHANDARI

( 1 ). This appeal is directed against the order dated 17. 11. 1981 passed in Suit No. 29-A of 1977 by the learned Single Judge. The appellant, M/s Kishan Chand surendra Kumar moved a petition under Section 20 of the arbitration Act in which it is incorporated that the respondent gave the contract of development of its land measuring 666 bighas and 17 biswas situated in karkardooma, Shahdara, Delhi for the purpose of a residential colony. A cheque for Rs. 50,000. 00 was given to the appellant, but it was dishonoured. Subsequently the respondent paid two cheques of Rs. 5,000. 00 each to the appellant.

( 2 ) ON 19. 11. 1967 the appellant learnt that the respondent had entered into arrangement for development of the same land with another contractor. Under these circumstances the appellant alleged that the respondent had committed breach of agreement dated 18. 5. 1967 and asserted that the agreement contained an arbitration clause. Under these circumstances the appellant moved a petition under Section 20 of the Arbitration Act for getting the disputes referred to an arbitration.

( 3 ) THE respondent, the Delhi School Teachers cooperative House Building Society denied t














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