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Judgment
Rajiv Sahai Endlaw, J.—The counsels have mentioned the two petitions u/s 11 of the Arbitration Act, 1996 and state that the position with respect to these is the same as of arbitration petitions 84/2009 and 99/2009 (also u/s 11 of the Act) listed and disposed of yesterday. They state that the same arbitrator as appointed in the petitions aforesaid listed yesterday and on the same terms and conditions be appointed in these two petitions also.
The claims subject matter of arbitration petition No. 84/2009 and Arbitration petition No. 99/2009 listed yesterday, prima facie appeared to be time barred and long dead. However, on the contentions of the petitioners, it was found that the issue whether the claim is a dead/long barred claim could not be decided without further investigation and was as such left open for the decision of the arbitral tribunal.
The same is the position with respect to these two petitions also. The said question of limitation qua claims subject matter of these two petitions is also left open for decision by the arbitral tribunal.
The Commissioner MCD being the authority for appointing the arbitrator is found to have forfeited the right of appointment in these two petitions also. The petitions are thus allowed.
Mr S.M. Chopra, retired Additional District Judge is appointed as the arbitrator to adjudicate the disputes arising out of the arbitration Clause subject matter of agreement in these two petitions between the parties, including the issue whether the claims are time barred/dead or live claims. The claim of the petitioner in arbitration application 96/2009 is stated to be approximately for Rs. 3,55,000/-and in arbitration application 100/2009 is stated to be approximately of Rs. 5,58,000/-. Considering the volume of the claims, the consolidated fee of the arbitrator in both the petitions is fixed at Rs. 40,000/- besides out of pocket expenses and to be borne in the first instance by the petitioner and subject to award as to costs. The parties to appear before the arbitrator with prior appointment on 23rd October, 2009.
Order be given dasti as prayed for.