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1981 Supreme(Del) 127

J.D.JAIN
KALI CHARAN SHARMA – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI – Respondent


Advocates Appeared:
A.P.AGGARWAL, D.P.SHARMA

J. D. JAIN

( 1 ) THE petitioner Shri Kali Charan Sharma, sole proprietor of M/s. Bhartiya Construction Co. entered into an agreement dated 1st March, 1968 with the Delhi Electric (Electricity?) Supply Undertaking of Municipal Corporation of Delhi, respondent No. 1, for the construction of 9 sub-station buildings at different places, for instance, Defence Colony, Jamia Milla etc. The contract inter alia provided for reference of the disputes between the parties arising out of or in relation to the said contract to arbitration vide clause No. 29. Subsequently, some disputes arose between the parties and the same were referred to arbitration in terms of clause 29 which envisages appointment of one arbitrator by each of the parties. Shorn of unnecessary details, it may be stated that an award was made by Shri Gaiha as sole arbitrator on 18th October, 1977 despite stay order issued by this Court in CMP 115a of 1977, under Sections 9 (b) and 11 of the Arbitration Act (hereinafter referred to as the Act ). Thereupon, the petitioner filed suit No. 927a of 1977 under Sections 14 and 17 of the Act for making the award a rule of the Court. However, the Municipal Corporation of Delhi, responden













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