ARIES CONSTRUCTION CO Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is a petition filed by Aries Construction Co. under Section 14, 17 read with Section 20 of the Arbitration Act for a direction to the arbitrator to file the award and further to make the said award a rule of the court and for a decree to be passed in terms of the award.

(2.) The parties had entered into an agreement and there was an arbitration clause contained in the said agreement for referring the disputes between the parties to the arbitrator. Certain disputes had arisen between the parties. Respondent no.2 was appointed as the arbitrator who had published his award on 30/6/1992. The petitioner claims therefore that the arbitrator's award be made a rule of the court and a decree in terms of the same should be passed.

(3.) Notice had been issued to which the respondent (Delhi Development Authority) which had filed objections. It is prayed that the award is liable to be set aside because a sum of Rs.22050.00 had been allowed to the claimant on account of deprivation of the profit though the claimant had claimed Rs.40,000.00. The arbitrator has failed to give reasons for arriving at the conclusions in this regard that claim no. 7 is justified. The figures so arrived at also is hypothetical. The arbitrator failed to take a note of the fact that the petitioner was not prevented by respondent DDA from doing any other work. In this regard, it was prayed that the arbitrator must be held to have misconducted himself. Furthermore it is asserted that the arbitrator has committed legal misconduct while granting simple interest at the rate of 12% on 27/9/1991 to the date of the actual payment. The arbitrator could not have awarded the future interest.