KOCHHAR CONSTRUCTION WORKS Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is petition under Sections 14, 17 and 29 of the Arbitration Act, 1940. The arbitrator has filed the award dated 22.2.1996 alongwith correction slip dated 2.3.1995. Pursuant to the notice for making it a rule of the Court the main contestant respondent No.1 has filed objections. At the outset, it may be pointed out that the arbitrator is a retired Director General of works, CPWD and was appointed by the respondent DDA itself. Relevant facts are as follows:

(2.) However the main objection on which Ms. Ansuya Salwan, learned counsel for the respondent DDA has banked upon and has laid stress is with regard to claim No.8. Clause 12A of the Agreement governs this claim and is as under:-

(3.) The main gravamen of the contention of Ms.Ansuya Salwan, learned counsel for the'respondent is that since it was mandatory under Clause 12A for the petitioner to submit proper analysis in respect of each item within seven days from the receipt of order pertaining to the deviated items and since the petitioner did not claim revision of rates within seven days he was not entitled to claim extra rate as awarded by the arbitrator.