SARATHY ENGINEERING CORPORATION Vs. MUNICIPAL CORPORATION OF DELHI

JUDGEMENT

(1.) -

(2.) BY this order I propose to dispose of O.M.P. No. I of 1987 filed under Sections 5, II, 12 and 8 of the Arbitration Act, 1940 with request that this court may grant leave to revoke the authority of respondent No. 2 and to remove respondent No. 2, the nominated arbitrator and appoint some other persons as the arbitrator to adjudicate upon the claims of the petitioner Notice of this O.M.P. was served upon the respondent and on 23rd March, 1987 Ms.Nandita Chandra Advocate appeared for the respondent No. 1 and sought time to file reply. But since then nobody has appeared for respondent No. 1 nor has any reply been filed and in consequence ex parte proceedings were ordered against respondent No. 1 and ex parte evidence was ordered to be recorded on affidavits vide orders dated 6th November, 198 7. No application for setting aside ex parte order has been filed. In support of the petition affidavit has been filed by the petitioner. After the affidavit was filed I thought it proper to issue notice to the arbitrator Shri V.D.Anand respondent No. 2 and in consequence the said arbitrator Shri V.D. Anand appeared before me on 11th November, 1987 and he made the following statement : "I was appointed arbitrator in this matter in my capacity as Chief Engineer, Central Electricity Authority. I nave since retired from service