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1986 DIGILAW 141 (DEL)

V. P. BHALLA v. NATIONAL SEEDS CORPORATION LIMITED

1986-03-14

JAGDISH CHANDRA

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Jagdish Chandra ( 1 ) THE petitioner, Y. P. Bhalla, has made this petition under Section 20 of the Arbitration Act, 1940 against which the only dispute raised by the respondent. National Seeds Corporation is that the reference to arbitration shall be pre-mature for the reason that after the petitioner left the work of respondent, the remaining unfinished work is being got done by the respondent departmentally by way of risk purchase and that until that work is completed the parties shall not be in a position to ascertain the damages which shall be now in dispute. As far as the petitioner is concerned, he has raised a number of disputes including the quantum of damages and nothing is to be ascertained by the petitioner so far as the damages claimed by him are concerned. The damages which may be claimed by the respondent have to be ascertained by the respondent at the completion of the balance work departmentally but the same can be fore-seen by the respondent. Any how the respondent may be able to ascertain to a reasonable extent the damages to be suffered by the respondent on account of risk purchase within a period of two months, and the reference can be made to the arbitrator after two months from today. ( 2 ) CONSEQUENTLY, I accept this petition and order that the arbitration agreement be filed in Court and the Managing Director of the respondent shall appoint an Arbitrator in terms of the arbitration agreement within two months from today. Learned counsel for the respondent undertakes to intimate the Managing Director of the respondent about this order. The respondent shall be entitled to file his counter claim before the Arbitrator. If the Managing Director of the respondent fails to appoint an Arbitrator within two months from today, Justice (Retd.) Prithvi Raj shall stand appointed as Arbitrator to decide the disputes and differences between the parties and his fees shall be Rs. 5000. 00 to be shared equally by the parties.