PRAKASH SHARMA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Both the parties have filed objections against the award dated 29/6/89 which was registered as a suit No.1811/89 for making it a rule of the court. However, the petitioner/claimant has withdrawn the objection as to claim No.2. However, the objections filed by the respondent are with regard to claims 1,2,4 and 5 and counter claims 1 and 2. As regards counter claim No.l the claimant has no objection if the same is allowed as there is no dispute as to claim No.l which was with regard to penalty imposed under clause 2 of the contract.

(2.) As regards counter claim No.2 the respondent had sought compensation under clause 14 on account of defective work done by the petitioner. Since this counter claim is purely based upon facts, the award in this regard can not be interfered with as it is beyond the purview of the court to re-assess or re-appraise the evidence or material upon which the finding of the arbitrator is based.

(3.) The tenor of the objections in respect of remaining claims shows that the findings of facts have been challenged or assailed. Nowhere it has been pointed out that the arbitrator had gone beyond the terms of the agreement or had travelled beyond his jurisdiction, what has been disputed is the evaluation of the documents and material placed before him.