ANANT RAJ AGENCIES Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The award dated 20/11/1997, which is sought to be made Rule of the Court, has been challenged by the respondent-DDA mainly on the ground that it is a non-speaking award and contrary to the terms of the agreement and secondly that the findings are contradictory and not based upon evidence.

(2.) The first challenge is to the item 6.1 of the agreement. According to the learned counsel the award in this regard is contrary to the terms of the agreement particularly condition No.2, which reads as under:-

(3.) This item pertains to doors and windows According to the petitioner the respondent did not measure the weight of MS lugs, MS flats welded at the back of the frames for fixing hinges and the base tie welded to the door frames at bottom and as such less payment has been made to the petitioner. As against this the respondent's contention is that the rates were inclusive of all the items viz. labour, material and other inputs as per condition of the contract.