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1984 Supreme(Del) 27

AVADH BEHARI ROHATGI, G.C.JAIN
UNION OF INDIA – Appellant
Versus
SOM NATH CHADHA AND COMPANY – Respondent


Advocates Appeared:
A.B.DAYAL, P.Dayal, SANAT KUMAR BISWAS

G. C. Jain,j.

( 1 ) THIS appeal is directed against the order of the learned Single Judge dated August 27, 1982. It was dismissed by us by a short order dated January 25, 1984, Now we proceed to give reasons for that order.

( 2 ) MESSRS Som Nath Chadha and Co. , respondent herein, entered into a contract with the President of India on June 25, 1969. Under that agreement it Was appointed a member of the panel of auctioneers for conducting sales by public auction of such properties the Director General of Supplies and Disposals, Ministry of Works and Housing and Supply, Government of India, New Delhi, may from time to time, at his discretion entrust to it for disposal by auction. The agreement contained arbitration clause, namely, clause 15, which reads as under.

"15. All disputes and differences arising out of or in any way touching or concerning this agreement whatsoever, shall be referred to the sole arbitration of any person nominated by the Secretary of the Government of India or if there be no Secretary, the administrative Head of the Ministry of the Government of India under whose administrative control the DGS and D may be placed for the time being at the time of such nomina













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