MANMOHAN, J (ORAL)

1. Present petition had been filed in the year 1992 under Sections 8, 9 and 20 of Arbitration Act, 1940 (hereinafter referred to as “Act, 1940”) for appointment of an arbitrator to adjudicate upon the disputes between the petitioner and the respondent-Cooperative Society.

2. Mr. B.K. Dewan, learned counsel for petitioner-contractor stated that petitioner-contractor was awarded a contract by respondent no. 1 for carrying out balance construction work of 70 flats at Plot No. 33, Parparganj, Delhi on labour rate basis vide letter dated 26th April, 1990. He further stated that the tender floated by respondent-Cooperative Society contained an arbitration clause, namely, Clause 37 and the said Clause would apply in view of the acceptance letter dated 26th April, 1990 even though no formal agreement had been executed between the parties.

3. Mr. Dewan submitted that in pursuance to the said acceptance letter, petitioner-contractor had not only executed the work partially but had also submitted its fifth running bill on 5th October, 1991 which was certified by the Architect, namely, the respondent no. 2. However, according to Mr. Dewan, as the petitioner-contract