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IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION  

CIVIL APPEAL NO. 7920    OF 2011

(Arising out of SLP(C) No.14747/2007)

M/S. SWADESHI KARYYALAYA PVT. LTD.         Appellant(s)

                    :VERSUS:

SECRETARY, MINISTRY OF DEFENCE & ORS.      Respondent(s)

O R D E R

Leave granted.

We have heard the learned counsel for the parties.  

This  appeal  emanates  from  the  final  order  dated  

6.3.2007 passed by the High Court of Delhi at New  

Delhi in Arbitration Petition No.13 of 2006 by which  

the High Court dismissed the arbitration petition.  

In  the  peculiar  facts  and  circumstances  of  this  

case,  in  the  interest  of  justice,  we  deem  it  

appropriate to direct respondent No.1 to appoint an  

arbitrator  in  terms  of  clause  22  of  the  General  

Conditions of Contract.  Since the matter has been  

pending for quite some time, we request respondent  

No.1 to appoint an arbitrator as expeditiously as  

possible, in any event, within six weeks from the

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date of communication of this order.  

The  parties  would  be  at  liberty  to  agitate  all  

points which are available to them in law.  

This appeal is accordingly disposed of, leaving the  

parties to bear their own costs.   

This order would not be treated as a precedent for  

other cases.  

.....................J (DALVEER BHANDARI)

.....................J (DEEPAK VERMA)

New Delhi; September 14, 2011. s