BELCO ENTERPRISES Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) BY this order I will dispose of the aforesaid objections filed by both the parties to the two Awards passed by the sole Arbitrator dated 28.5.2007.

(2.) SINCE there are objections of both the parties to both the Awards, I would not refer to the parties as objector and non-objector but would refer to them by their names i.e., M/s Delhi Transport Corporation Ltd. and M/s Belco Enterprises (Belco)/contractor.

(3.) DTC awarded the contractor a contract for building of bus bodies vide its work order dated 31.3.2003. The work orders were for 46 bus bodies on Tata Chassis and 54 number of bus bodies on Ashok Leyland Chassis. Delivery schedules were provided under both the work orders and the contracts contained a Clause for liquidated damages for default in not complying with the delivery schedule. The Clause of liquidated damages is as under:-