SUDHIR BROTHERS Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is an appeal by the claimant/ contractor against the judgment of the learned Single Judge dated 20/09/1989 by which the award dated 7/01/1998 given by the arbitrator was partially made a Rule of the Court.

(2.) The petitioner/appellant/contractor was awarded a contract to execute work of 192 MIG DUs at Pitam Pur Pocket K(D) by the DDA. It is not in dispute that the contract contained an arbitration clause and upon certain disputes having arisen, the contractor asked for arbitration. Mr. G.R. Hingorani was appointed as the sole arbitrator by the Delhi Development Authority (hereinafter referred to as 'DDA') on 14/05/1985. The award was made and published on 7/01/1988. An application was moved by the claimant seeking to make the award a rule of the Court. It was registered as Suit No. 194-A/1988.

(3.) The DDA thereafter filed an application being IA No. 1676 of 1988 under Sections 30 and 33 of the Arbitration Act for setting aside the award in favour of the claimant in respect of claim Nos. 1, 2, 5, 6 and 8 and rejection of DDA's counter claims 1 to 6 and additional counterclaim No.1. Consequently, the learned Single Judge granted a decree for Rs. 2,20,442.00 in favour of the appellant against the objector DDA. The learned single Judge dismissed the counter claims of the Respondent- DDA. The learned Single Judge also awarded interest @ 12% per annum on the said amount from the date of decree till payment. In the absence of an appeal by the respondent DDA against the learned single Judge's order we are only concerned with that part of the order by which the learned Single Judge had set aside the finding of the arbitrator in favour of the claimant on claim No. 1 and claim No. 8.