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2007 Supreme(Del) 170

J.M.MALIK
C. P. MADAN – Appellant
Versus
NATIONAL SMALL SCALE INDUSTRIAL CORPORATION LTD. – Respondent


Advocates Appeared:
AJAY GUPTA, B.L.Anand


J. M. MALIK, J.

( 1 ) IN this case, the appellant has picked up a conflict with the proceedings conducted by the Arbitrator. The facts germane to the present controversy are these. The appellant, who is the sole proprietor of M/s printrade, entered into an agreement dated 26. 03. 1991 with National Small industrial Corporation Limited (to be referred as NSIC henceforth), wherein respondent No. 1 leased out a sheet fed single colour off set printing machine valued @ Rs. 6,33,898/ -. The appellant defaulted to make the payment as per the agreement. The matter was referred to Shri Y. K. Sharma, respondent No. 2, the sole Arbitrator in between. The appellant filed two suits bearing Nos. 681/2001 and 682/2001, wherein he prayed that since the time mentioned in the agreement had expired, therefore, the appointment of Arbitrator is illegal and the second suit was filed with the prayer that award dated 09. 11. 2001 be declared as non est because it was made in breach of the undertaking given by the Arbitrator and the oral directions of the Court in suit No. 682/2001. In suit No. 682/2001, the arbitrator had given an undertaking that he would not proceed with the arbitration proceedings ti








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