(August 6 , 2001) 2001 (TLS)125255

2001-DLT-94-84 :: 2001-AD (Del)-6-45

TALWAR BROTHERS PRIVATE LIMITED Vs. Punjab State Industrial Development Corporation Limited

SANJAY KISHAN KAUL

( 1 ) THESE three appeals raise common question as regards the scope and effect of Section 11 (2) of the arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act ).

( 2 ) THE disputes between the parties arise out of the lease deed dated 28/10/1993 in respect of premises A-1/26, safdar jang Enclave, New Delhi by the appellant in favour of the respondent. The said lease deed incorporated an arbitration clause. In view of the failure of the respondent to hand over vacant possession in terms of the lease deed despite a letter dated 6/11/1996, the arbitration clause was invoked by the appellant. The arbitrator entered upon reference and published his Award on 28/4/1997 which was subsequently corrected for clerical error vide order dated 29/7/97. The arbitration clause envisaged the appointment of the Arbitrator with notice to the other party and the other party was required to nominate their own arbitrator within 15 days of the service of such notice. The two Arbitrators were