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1990 DIGILAW 323 (DEL)

TEK CHAND AND SONS v. UNION OF INDIA

1990-10-12

MAHINDER NARAIN

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Mahinder Narain ( 1 ) MR. GHANSHYAM Singh, Deputy Secretary (S. I.) in the Department of Defence Production and Supplies, Ministry of Defence, has appeared in Court. He apologised for the communication addressed to the Court. He states that he has done so in ignorance. He has been directed to ensure that the things like this, should not happen in future. When court summons, the person should respond either personally or through counsel, and not to send communication to court. ( 2 ) IN this petition under Section 20 of the Arbitration Act, reply has been filed by the respondent. It is stated in the reply that in terms of clause 16 of the Contract, Col. K. N. Joshipura has been appointed as sole arbitrator vide letter dated 27-6-1990 to hear and decide the disputes and differences between the parties. ( 3 ) IN view of this statement in the reply, inasmuch as the arbitration agreement is admitted to exist, disputes are admitted to exist, I direct that the agreement between the parties be filed, and all the disputes and differences and claims which one party has against the other, be referred to arbitration by Col. K. N. Joshipura. ( 4 ) THE parties to file their respective claims within four weeks. The arbitrator to enter upon the reference and proceed with the reference. ( 5 ) INVOCATION of the bank guarantee was stayed by -order dated 26th April, 1990 on the undertaking of the petitioner that the bank guarantee in question shall be kept alive by the petitioner till the determination of the disputes between the parties by making of the award by the arbitrator, plus 30 days more. ( 6 ) I restrain the enforcement of the bank guarantee till then. The bank guarantee be kept alive. ( 7 ) PARTIES to bear their own costs.