DELHI DEVELOPMENT AUTHORITY Vs. PREM SINGH

JUDGEMENT

(1.) This appeal is directed against the order passed by the learned Single Judge dated 4th December, 1995 in Suit No.3670/1991. This Court issued notice to the respondent but he could not be served by the ordinary process and had to be served by publication. The order sheets indicate that even after service by publication the respondent has not been appearing. Today also neither the respondent nor his counsel is present.

(2.) The award was published by the Arbitrator on 2/11/1991 and objections to the award were preferred by the DDA/Appellant. Learned Arbitrator rejected all the counter claims being No. to 8. The counter claims related to quality of workmanship or the materials used in the work as is clear from the nomenclature of these counter claims.

(3.) The Clause 14A of the Agreement between the parties provides that the decision of the Chief Project Engineer regarding the quantum of reduction as well as justification thereof in respect of rates of sub-standard work, which may be decided to be accepted will be final and not open for arbitration.