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2000 Supreme(Del) 668

K.S.GUPTA
PANDIT MUNSHI RAM AND ASSOCIATES PRIVATE LIMITED – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY – Respondent


Advocates Appeared:
ANUSUYA SALWAN, D.Maitra

K. S. Gupta

( 1 ) THIS Petition under Section 11 (6) of the Arbitration and Counciliation Act, 1996 was filed by M/s. Pandit Munshi Ram and Associates Pvt. Ltd, interalia, alleging that it was awarded the work of construction of 288, Janta Flats for Harijans at Vasant Gaon, New Delhi and a formal agreement being No. 88/ee/s. W. D-7/d. D. A. /a/89-90 executed between the parties also contained an arbitration clause No. 25. The petitioner sent a letter dated 6th December 1997 to the Engineer Member of DDA who is the persona-designata for appointment of arbitrator in terms of the said arbitration clause, to appoint an arbitrator to decide the disputes and differences which had arisen be- tween the parties. Respondent-DDA in reply to the said letter demanded an applica- tion in requisite proforma vide their letter dated 24th February 1998. Vide its letter dated 3/6th April 1998 the petitioner sent the requisite proforma to the Engineer- Member for appointing an arbitrator. It is further alleged that the petitioner received letter CE (SWZ)/fo/18 (46)98/arbn. /2209 dated 22nd September 1-998 from the respondent-DDA whereby it refused to appoint an arbitrator on the ground of claims deemed













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