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1989 Supreme(Del) 174

Y.K.SABHARWAL
PURAN CHAND NAGIA – Appellant
Versus
AVIATION EMPLOYEES COOPERATIVE HOUSE BUILDING SOCIETY – Respondent


Advocates Appeared:
D.P.SHARMA, S.B.Pandey

Y. K. Sahbarwal, J.

( 1 ) THE work of construction of Roads-Storm Water Drains etc. was awarded by Respondent-Society to the petitioner on 26th December 1972. The contract admittedly contains an arbitration agreement. Petitioner seeks filing of the arbitration agreement in court and reference of disputes enumerated in Para II of the petition to arbitration. This contract is subject matter of Suit No. 200-A/81.

( 2 ) IN Suit No. 201-A/81 the work in question is construction of Sewerage work in the Colony of the Aviation Employees Cooperative House Building Society at Shahdara, Delhi. The said work was awarded by the respondent-Society to the petitioner on 28th May 1973. Admittedly this contract also contains an arbitration clause similar to the one which is subject matter of Suit No, 200a/81. In this suit also petitioner seeks filing of the arbitration agreement and reference of disputes enumerated in Para 11 of the petition to arbitration in accordance with the arbitration clause.

( 3 ) THERE has been common correspondence between the parties in respect of the aforesaid two contracts. The facts arc more or less similar. This order will dispose of both the aforesaid suits.

( 4 ) IN









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