TOMAR CONSTRUCTION Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner has, through this application, assailed the award made and published by the Arbitrator on 2/12/1994.

(2.) The main objection is that the Arbitrator did not comply with the provisions of Clause 25 that required that wherever the total amount of all the claims in disputes is Rs.75,000.00 and above, the Arbitrator is required to give reasons for the award whereas the awarded amount is Rs.95,789.60 and no reasons have been given as to on what basis the awarded amount was calculated.

(3.) Similarly the Arbitrator has failed to appreciate the import of clause 10-C of the Agreement providing for re-imbursement in case there is statutory increase in wages and cost of the material used in the work. To say that during the progress of the work there has been no increase whatsoever is incorrect and, therefore, the award under claim no.2 is clear misconduct on the part of the learned Arbitrator.