( 1 ) THE present petition is under Section 20 of the Arbitration Act tor appointment of an arbitrator in accordance with agreement between New Delhi Municipal Committee (hereinafter referred to as Committee) and M/s. Tirath Ram Ahuja (P.) Ltd. , (hereinafter referred to as the contractors ).

( 2 ) A contract was entered into between the Committee and the contractor for construction of a Five Star Hotel now named as Akbar Hotel at Chana- kyapuri, New Delhi. That contract was reduced into writing. Vide that agreement, the construction was to be started by 30th November 1966 and was to be completed by 28th February 1969. A sum of Rs. 1,00,000 was deposited as security by the contractor with the Committee. The construction was to be made by the contractor under the supervision of an architect named in the agreement. Architect issued a final certificate on 18th October 1970 certifying that net payment of Rs. 18,001 was due to the contractor. The contractor felt dissatisfied and requested for appointment of an arbitrator. Accordingly an arbitrator was appointed and award was made on 9th August 1974. That was filed in court on 22nd October 1974.

( 3 ) IN the meantime Government of India

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