S.N.AGGARWAL
Rajesh Kumar Garg – Appellant
Versus
MCD – Respondent
S.N. Aggarwal, J.
1. These are four applications filed for appointment of arbitrator under Section 11
(6) of the Arbitration and Conciliation Act, 1996.
2. All these applications are proposed to be decided by this common order because question of facts and law involved in all of them are identical.
3. Briefly stated the facts of these four cases are as follow:
4. The MCD had awarded a contract to the applicant for improvement of Footpath in Patparganj Society in AC-43, Shahdara Zone vide work order No. 537 dated 20.02.1998. The tender amount was Rs. 15,06,513/- and the contract amount was Rs.44,51,745/-. The work was to be completed within five months. As per the applicant, the contract work was completed within the stipulated time period of five months where after the work was inspected by the officials of the MCD and measurements were taken in the Measurements Book. The applicant has alleged that the respondents have not made the final payment despite his representations dated 08.05.2003 and 05.05.2005. The applicant is stated to has sent a legal notice dated 18.09.2006 to the respondents demanding arbitration for adjudication of disputes regarding final payment but the re
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