MOHAN CONSTRUCTION CO Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The Appellant/contractor was awarded the work of construction of 560 MIG houses at Pitampura, Pocket A(P) including internal development by the DDA/Respondent No. 1 vide contract agreement No. 3/EE/N.D.I/85-86. The agreement contained an arbitration clause, being clause No. 25. The Appellant/contractor claimed that it concluded the work satisfactorily though the time period for completion of the project was greatly extended on account of delay & laches on the part of Respondent No. 1 and thus had various claims against Respondent No. 1. On the arbitration clause being invoked, disputes were referred to the sole arbitration of Mr. R.C. Malhotra vide letter dated 20.6.1990. Subsequently, the DDA also sought reference of certain counter claims which were also referred to the arbitrator vide letter dated 30.04.1992 and the Appellant contractor's additional claims were also referred vide letter dated 30.06.1992.

(2.) It may be noticed that as per the original award of work dated 12.3.1985 the work was to be completed within nine (9) months but the time period for execution of the work was extended and ultimately the work was completed on 10.3.1988.

(3.) The arbitrator made and published the award on 29.4.1993. The Appellant/contractor filed an application under Sections 14, 17 & 29 of the Arbitration Act, 1940 (hereinafter referred to as the said Act) for making the award rule of the Court. Respondent No. 1 filed objections. These objections were partly allowed in terms of the impugned judgement dated 27.3.1998 of the learned single Judge against which the present appeal has been preferred.