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2007 Supreme(Del) 2667

ARUNA SURESH
AHLUWALIA CONTRACTS (INDIA) LTD. – Appellant
Versus
HOUSING & URBAN DEVELOPMENT CORPORATION – Respondent


Advocates appeared:
Mr. Ashish Bagat - Petitioner.
Mr. Anurag Kumar, Mr. P. N. Kumar - Respondents.

JUDGMENT

ARUNA SURESH, J.

This petition under section 12 and 14 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "Act") has been filed by the petitioner seeking revocation of mandate of the sole arbitrator Shri W. D. Dandage appointed by respondent No. 1 in accordance with the arbitration clause 9.2 of the General Conditions of the Contract.

Petitioner is an engineering and designing construction company. It entered into an agreement dated 8th April, 1994 with respondent No. 1 for executing the work of construction of car parking basement at HUDCO Place, Khelgaon, Andrewsganj, New Delhi. A dispute arose regarding the payments claimed by the petitioner for the work executed by it which were not released by respondent No. 1. Petitioner invoked the arbitration clause of the agreement vide letter dated 26th April, 2004 to the appointing authority for reference of the dispute having arisen between the parties to arbitration and also requesting the petitioner to appoint an arbitrator. This letter also included the points of dispute in reference. Consequently, respondent No. 1 appointed Mr. L. R. Gupta, Ex. DG, CPWD as the sole arbitrator to enter into reference an


























































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