Judgement

SABYASACHI MUKHARJI, J.:- The respondent No. 1 herein was awarded the contract in question for the construction of staff quarters for the Municipal Corporation of Delhi, the petitioner herein and the work had to be completed within the stipulated period mentioned in the contract. Since, however, the work was not being done in the manner as the Delhi Municipal Corporation thought it ought to have been done, the petitioner wrote 29 letters during June, 1978 to July, 1980 regarding the timely completion of the work. It is alleged that the work was not completed by the 15th of January, 1980 as per the schedule in the contract. Show cause notice was given to the respondent-contractor. The contractor failed to give satisfactory reply and according to the petitioner, the contract was rescinded. Thereafter several other letters were written which are not material to refer. There was an arbitration clause in the agreement. On 2nd November, 1982 an application was filed under section 20 of the Arbitration Act, 1940 (hereinafter called the Act) in the Delhi High Court. A learned single Judge, of the said High Court directed reference of the dispute and directed the Commissioner of th