Rajpal Gupta vs Delhi State Industrial Development Corporation Ltd.

Mahinder Narain, A.C.J.

(1) We are of the view that only a short point is involved in this case and that is to say whether the five questions which were required to be referred to the arbitrator, should be referred to arbitrator, or is it that only one of them can be said to be arising out of the contract between, the parties.

(2) The contract between the parties was for manufacture and supply of nuts and bolts of specific dimensions. It is the case of the appellant before us that the raw materials for manufacturing nuts and bolts in the form of mild steel was to be supplied by the respondent Delhi State Industrial Development Corporation Ltd. Upon their failure to supply the raw materials same had to be procured from the market, as a result of which costs was incurred and losses suffered, as the contract had been performed by the appellant/petitioner.

(3) It appears to us that all the claims which are mentioned judgment relate to, and arise out of the contract of manufacture and supply of nuts and bolts by the appellant to the respondent.

(4) In the aforesaid circumstances, we modify the order of Hon''ble Single Judge, and direct that all the five questions be referred to arbitrator.

(5) We are told by the appellant that pursuant to the reference of one single question to the arbitrator Mr. Lakhbir Singh has already been appointed as an arbitrator, and entered upon the reference with regard to the claim referred.

(6) We direct the appellant to file its claims regarding other questions of which it had sought reference before the arbitrator, within fifteen days from today. The arbitrator will continue with the reference and adjudicate upon all the five questions which are set out at page 2 of the impugned order.

(7) With the aforesaid observations, the appeal is disposed of.