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1984 Supreme(Del) 124

D.K.KAPUR, D.P.WADHWA
SHAH CONSTRUCTION COMPANY LIMITED – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI – Respondent


Advocates Appeared:
ARUN MOHAN, KADAMBRI, Sangita Gupta

D. P. WADHWA

( 1 ) THE contractor (M/s. Shah Construction Company Limited) has filed the present appeal against the decision of the learned single judge (Sultan Singh, J.), allowing an application of the respondent Corporation (Municipal Corporation of Delhi) under S. 20 of the Arbitration Act (for short the Act ).

( 2 ) TO the application , the contractor had raised various objections. The court framed the following issues: 1. whether the petition is within time ? 2. Whether the claims are barred by the principles, of res judicata ? 3. Whether any valid arbitration agreement is subsisting between the parties ? 4. If issue No. 3 is found in favour of the petitioner, then are the disputes between the parties liable to be referred for arbitration ? 5. Relief.

( 3 ) ISSUE Nos. 1 and 2 were treated as preliminary issues and were decided by a judgment dated 22nd December 1978. Both the issues were decided against the contractor. The other issues were decided by a judgment dated 10th July 1979. These v/ere also decided against the contractor. The present appeal is directed against both these Judgments.

( 4 ) THE facts are bried and may be stated. The tender of the contractor for the con


















































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