AI Structured Summary
Not yet generated for this judgment
Judgment
Mohd. Shamim, J.
(1) This is a petition u/s 20 of the Arbitration Act. The petitioner herein through the present petition want that the disputes referred in para 19 of the present petition be referred to an arbitrator appointed by this Court.
(2) Learned counsel for the petitioner Mr.Bhasin has contended that similar disputes which are very much akin to the disputes herein have already been referred to the sole arbitration of Mr. Justice S.S. Chadha, a retired Judge of this Court, who was appointed as the sole arbitrator to adjudicate upon the disputes between the parties. According to him similar disputes raised in Civil writ petition No. 2328/89, M/s. sunil Rai & Co.Pvt.Ltd. v. Municipal Corporation of Delhi, and in suit No.814/91, M/s Goenka Alloy Steel (P) Ltd. V. Municipal Corporation of Delhi, have already been referred to the sole arbitration of Mr. Justice S.S. Chadha and the proceedings are still pending before him. He thus wants that the disputes involved in the present suit be also referred to the sole arbitration of Mr. Justice S.S. Chadha, a retired Judge of this Court.
(3) Mr. Ashok Bhasin, learned counsel for the M.C.D. has concede with commendable fairness on his part that the disputes in the present proceedings are very much akin to the disputes already referred to the sole arbitration of Mr. Justice S.S. Chadha which are pending decision before him. He has this got no objection in case the present disputes are also referred to the sole arbitration of Mr. Justice S.S. Chadha.
(4) In the circumstances stated above, the present petition is allowed. Let the arbitration agreement be filed. I appoint Mr. Justice S.S. Chadha, a retired Judge of this Court, as the sole arbitrator to decide and adjudicate upon the disputes raised through para 19 of the present petition. Mr. Justice S.S. Chadha will free to fix his own fees to be paid by the petitioner. He would decide the disputes involved in the present petition preferably along with the other matters which are pending decision before him.
(5) The respondent shall not disconnect the electricity of the petitioner on account of the nonpayment of the bill in dispute till the awards given by the arbitrator. A copy of this order be given and sent to Mr. Justice S.S. Chadha i.e. the sole arbitrator.