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1979 Supreme(Del) 1

SULTAN SINGH
R. B. BASAKHA SINGH AND SONS – Appellant
Versus
INDIAN DRUGS AND PHARMACEUTICAL LIMITED – Respondent


Advocates Appeared:
ALAKH KUMAR, AMARJIT SINGH, B.K.SINGH, R.K.MAKHIJA

Justice Sultan Singh

( 1 ) THIS is a petition u/s 20 of the Arbitration Act requiring the respondent to file the agreement and to refer the disputes to an arbitrator. The respondent accepted the tender of the petitioner for the construction of 232 quarters at Antibiotics Plant Township, Rishikesh (U. P. ). and formal contract was executed on 22nd May, 1972, which contains the following arbitration clause ;-- "it is also a term of this contract that no person other than a person appointed by the Chairman and Managing Director, as aforesaid, shall act as Arbitrator, and, and, if for any reason, that is not possible, the matter is not to be referred to arbitration at all all. "

( 2 ) IT is admitted by the parties that on 7. 8. 75, a supplementary deed was executed between them, whereby it was agreed to substitute the words "managing Director" in the original agreement,

( 3 ) THE petitioner alleges that the work under the contract was completed, that it submitted several claims for Rs. 1,35,763. 81 detailed in its letter dated 22. 4. 75 to the respondent and requested the respondent to appoint an arbitrator; that the respondent by letter dated 14. 11. 75 informed the petitioner that no ar










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