l. "j 4.* JYOTI CONSTRUCTION CO - h^.^^^ ,/an,,, ""' Petitioner - Through: Mr. Raman Kapur' Advocate' IN THE HIGH COURT OF .DELHI ARB.P.2I2OLI VCTSUS MUNICIPAL CORPORATION OF Through: AT NEW DELHI DELHI & ORS ..... ResPondents Ms. Mini Pushkarna, Advocate' :l :f,' CORAM: HON',BLE MR. rusTlcE vlPlN SANGHI ORDER o/o 25.04.2011 Counse|fortherespondentsputsinappearance.Shestatesthat the Arbitrator appointed by the court vide a communication dated 2g.o4.2}l} had expressed his inability to act as the Arbitrator on personal grounds. she states that the commissioner' MCD' is taking steps to appoint a fresh Arbitrator' Asperthearbitrationclause,onlytheCommissioner,MCD,is empowered to appoint the Arbitrator. The agreement provides that in case the Commissioner, MCD, does not appoint the Arbitrator, there shall be no arbitration between the parties' In view of the aforesaid position, l direct commissioner, MCD, to make the appointment of an Arbitrator positively within thirty days from today' Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified i] From the submission of the learned counsel for the respondents' it appears that the aspect of appointment of fresh Arbitrator has been pending consideration for nearly a year. The petitioner has been made to suffer unduly and to prefer this petition. Accordingly, the petition is disposed of in the aforesaid terms with costs quantified at Rs'10'000/- to be paid by the respondents. It shall be open to the respondents to recover the Costs from the concerned officer who is responsible for the aforesaidde|ayinre-constitutionoftheTribunal. vtPlN SANGHI, J APRf L 25,?OLL .BSR' t{'-