V K MITTAL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The brief facts of the case are that the petitioner is a Contractor and is carryingon the business of construction works for the Delhi Development Authority. Thepetitioner was awarded Contract No. 58/EE/HDXIII/81-82 by respondent No.1/DDAfor the construction of 32 Category-11, 16 Category-1 Flats, 32 Scooter Garages underS.F.S. Scheme at Naraina S.H.; and construction of 16 Category-II, 8 Category-IPlats and 16 Scooter Garages i/c Internal Development of Block G, Pocket I. Thatcertain differencesand disputes had arisen between the parties and as per theAgreement Clause, Mr.Banarasi Dass (respondent No.2 herein), SuperintendingEngineer of respondent No.1/DDA was appointed as an Arbitrator, who made andannounced his award granting a sum of Rs 1,64,620.76.00 to the petitioner on 5/01/1990 after giving full opportunity to both the parties.

(2.) The present suit is filed by the petitioner for making the said Award a Rule of theCourt. Thereafter the Objections were filed respectively both by the petitioner andDelhi Development Authority/respondent No. 1 by IA. 3814/90 & IA. 3813/90 to theAward dated 5/01/1990.

(3.) Insofar as the challenge to an arbitration award is concerned, in Union of IndiaVs. Rallia Ram reported as reported in AIR 1963 SC 1685 (3J) it was held: