Manmohan Sarin, J. - (1.)This is a petition under Section 20 of the Arbitration Act, 1940 filed by the petitioner seeking directions to the respondents to file arbitration agreement and refer the remaining claims/dispute Nos. 8, 9, 11 and 12, which were not referred to the Arbitrator for adjudication.
(2.)The petitioners' case is that the respondents had appointed Dr. Y.P. C. Dongey as a sole Arbitrator. However, claim Nos. 8, 9, 11 and 12 were not referred to him. The present petition is to seek the reference of the said claims.
(3.)The facts in brief leading to the present petition may be noted. (i) Petitioner was awarded a contract on 27.6.88 for construction of Govt. Higher Secondary School, vide agreement dated 34/EE/PWD-17/88- 89 dated 27.6.88. The stipulated date of completion was 4.5.90. However, the work was actually completed on 4.8.93. The final bill was paid to the petitioner on 28.2.95. Petitioner made a request for appointment of the Arbitrator on 25.5.1995. The respondent, however, appointed Mr. Y. P. C. Dongey as sole Arbitrator on 15.3.1999 for adjudication of claims without referring claim Nos. 8, 9, 11 and 12. Thereupon, the petitioner filed petition under Section 20 of the Arbitration Act, 1940.