( 1 ) THE Delhi Development Authority (in short DDA) has sought for appointment of an arbitrator for its counter claims. According to the D. D. A. these disputes arose out of the same cause of action/facts on which basis claimes of the respondent were REFERRED TO to the arbitration.

( 2 ) THE facts of the case are that when the dispute arose between the respondent here with the D. D. A. , he sought for referring his disputes to arbitration and accordingly filed a petition under Section 20 of the Arbitration Act. Vide the order of this Court dated 8th August,1988, those disputes as mentioned in the petition were directed to be REFERRED TO to an arbitrator within eight weeks. Since the D,d. A. failed to appoint an arbitrator within eight weeks, hence this Court vide order dated 27th April,1989 appointed Shri J. D. Goel as the sole arbitator. By the present petition, the D. D. A. wants its counter claim to be REFERRED TO to an arbitrator.

( 3 ) THIS petiton has been contested by the respondent, inter alia, on the grounds that the counter claim of the D. D. A. now sought to be raised ought to have been raised in response to the petition filed by the respondent under Sect