( 1 ) THIS is a petition under Section 20 of the Arbitration Act, 1940, moved by the Petitioner Shri Radhey Shayam Gupta against the respondents. Municipal Corporation of Delhi and its Commissioner for the appointment of an Arbitrator in terms of the arbitration agreements contained in as many as five distinct contracts between the parties. The arbitration clause in all these contracts is clause 25 and the arbitration clauses are identical in all these contracts. All these 5 contracts have been referred to in para 1 of the petition. As per the arbitration clause which is the same in all these contracts the disputes and differences between the parties arising under these contracts have to be referred to the Commissioner of Municipal Corporation of Delhi for arbitration. Claims have been set out in para 6 of the petition. It is asserted that the petitioner has been obliged to file this petition since after invoking of the arbitration clause a period of more than 4 months has expired and the Arbitrator has not been appointed.

( 2 ) IN the written statement the respondents have taken up a preliminary objection to the effect that the petition is barred by time as the arbi