BINDRA BUILDERS Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Arbitrator Sh. D.P. Goyal filed his award dated 28th January, 1994 along with proceedings in the Court for making it a Rule of the Court, Notice of filing of the award was duly given to the parties. On receipt of notice defendant, Delhi Development Authority (objector) filed its objections being I.A. No. 3320/1994, under Ss. 30 and 33 of the Arbitration and Conciliation Act, 1940 (hereinafter referred to as the 'Act') against the award.

(2.) Vide Agreement No. 1/Pe/AGD -IV/80 -81, plaintiff was awarded a contract for construction of 201 residential houses in Phase -IV of completion of the work was nine months and ant it was required to be completed by 26th August, 1981. However, work was completed only on 15th November, 1982. During pendency of the work. Some arose between clamant and the objector. Therefore, claimant filed a petition being OMP No. 95/1983 before this Court for appointment of an Arbitrator. Sh. D.P. Goyal was appointed as an Arbitrator by this Court in the said petition. The Arbitrator, covering the claims referred to him by EM Memorandum dated 2nd July, 1982, had made and published his award in the said OMP on 27th January, 1987.

(3.) After the work was complete, further disputes arose between the parties. Claimed filed another petition before this Court for appointment of an Arbitrator. Sh. D.P. Goyal was appointed as a Sole Arbitrator to enter reference and decide the disputes between the parties in terms of terms of Clause 25 of the Agreement executed inter se them. Arbitrator, after entering upon reference and considering oral as well as written submissions of both parties, made and published the impugned award dated 28th January, 1994 and filed it in the Court on 21st February, 1994 for making it a Rule of the Court.