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2006 Supreme(Del) 1928

PRADEEP NANDRAJOG
ARUNODAYA CO-OPEARTIVE GROUP HOUSING SOCIETY LTD. – Appellant
Versus
R. G. DESAI AND ASSOCIATES PVT LTD. – Respondent


Advocates Appeared:
SANDEEP SHARMA, SHARAT KAPUR, SHIV KHURANA


PRADEEP NANDRAJOG, J.

( 1 ) DISPUTES and differences between the petitioner (herein after referred to as the owner) and the respondent (herein after referred to as the contractor)were referred to the arbitration of Sh. Swami Dial and Sh. O. P. Jain. Sh. Swamy dial is a retired Chief Engineer (CPWD ). Sh. O. P. Jain is a retired professor in structural Engineering from I. I. T. Delhi and is a well known personality in the field of structures.

( 2 ) I am noting the qualifications of the learned arbitrators as they are experts in the field of civil engineering and this fact has a material bearing on the objections raised.

( 3 ) THE two arbitrators entered upon reference in December 1989 and held over 30 sittings till award was published on 14. 02. 98.

( 4 ) I may note that delay was occasioned in publishing the award because at one stage of the proceedings, contractor refused to extend time for the arbitrators to publish the award. Owner had to file a petition under Section 28 of the Arbitration Act 1940 seeking extension of time from this court. The said petition was allowed and thereafter, learned arbitrators could proceed ahead.

( 5 ) PETITION under Section 14 read with Sectio






































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