UMED SINGH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The award dated 30/06/1992, which was registered as a suit has been sought to be made rule of the Court.

(2.) The respondent-DDA has challenged the award mainly in respect of claim Nos.4,5,6 & 8. As regards claim No.4, the petitioner's claim of Rs.2,05,000.00 on account of payment under clause 10(c) of the agreement due to statutory increase in price in material and wages was allowed on the basis of the increase in wages for the labour as per Government's statutory orders and in accordance with the provision of clause 19 of the agreement.

(3.) According to the counsel for the respondent clause 10(c) provided that if during the progress of the work, the price of any material incorporated in the work and/or wages, labour increases as a direct result of the coming into force of any fresh law or statutory rule or order and such increase exceeds 10% of the price and/or wages prevailing at the time of receipt of the tender for the work, the contractor shall for the purpose of this condition keep such books of accounts and other documents as are necessary to show the amount of any increase claimed or reduction available and shall allow inspection of the same by a duly authorised representative of DDA and shall at the request of the Engineer-in-Charge furnish, verify in such a manner as the Engineer-in-Charge may require any document so kept and such other information as Engineer-in-Charge may require. It is contended that since the claimant did not produce such books of accounts and other documents in this regard his claim was allowed against the terms of clause 10(c) of the agreement and thereby the arbitrator travelled beyond the terms which was not permissible under the law.