M/S. P.C. SHARMA AND CO. Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Petitioner Messrs P.C. Sharma & Co. has filed this petition under Sec. 20 of the Arbitration Act seeking direction to the respondent DDA to file the arbitration agaeement in court and reference of the disputes for arbitration in terms of the arbitration clause. It is stated that the petitioner was awarded the work of construction of 448 Houses under SFS Alaknanda, Opp. Yamuna Co-operative H.B. Society SH C/o 114 DU's (72 Cat II 72 Cat III flats) and 108 scooter garages in pocket C including internal water supply, sanitary installations and internal development of land group III vide agreement No. 4/HD 11/82-83.

(2.) The respondent failed to fulfil its obligation under the terms and conditions of the said agreement and the work could not be completed within the stipulated period. That out of the execution of the aforesaid work certain disputes and differences have arisen between the parties. The petitioner invoked the arbitration agreement vide letter dated 21-12-1987 followed by letter dated 25th February/8th March, 1988. The disputes are mentioned in Annexure-A to the letter dated 25th February/8th March, 1988. It is stated that the disputes are covered under the arbitration clause contained in the contract which provides that in case of any disputes or differences arising between the parties out of the execution of the work shall be referred to the sole arbitration of the person to be appointed by the Engineer member of D.D.A. In these premises, it is claimed that the respondent may be directed to file the agreement contained in arbitration clause No. 25 in this Court and reference of the disputes raised by the petitioner for arbitration.

(3.) A reply has been filed on behalf of the D.D.A. In the reply it is stated that the petitioner has not given the details of the disputes. The respondents have not refused to the appointment of the Arbitrator under clause 25 of the agreement. The claim of the petitioner have been denied on merits.