S S BUILDERS Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Feeling aggrieved of the rejection of some of the claims of the petitioner by the Arbitrator vide award dated 12.7.1994, objections under Section 30 & 33 of the Arbitration Act have been filed.

(2.) . The main plank is that the learned Arbitrator by ignoring the letter dated 27.11.1983 sent by respondent-DDa to the petitioner has not only devalued claim no.1 of the petitioner but has rejected few other claims on the basis of the finding returned by him in respect of claim no.1 whereas no reasons have been provided while dismissing claim nos.4 & 7.

(3.) The relevant facts put briefly are as under:- The petitioner was awarded the contract for construction of 120 MIG Houses in Group-IV and reconstruction of 24 MIG demolished houses along with raft foundation. The time for completion of work was eight months from 10th day of issue of letter of acceptance i.e. 14.11.1991. The petitioners case is that except for minor works amounting to Rs.1,40,000/- (approx.) the main work could not be started since RCC raft which was not included in the scope of the work of the petitioner was required to be dismantled and the dismantled material including malba were required to be disposed of to start the work of the foundation. The petitioner requested the respondent to get this work done through some other agency vide letters 16.12.1991, 20.12.1991 or to pay market rate to the petitioner. The respondent themselves observed and worked out the actual cost involved for dismantling of RCC Raft but did not decide the issue. Due to non-decision, stipulated period for completion of work expired. It is also averred that as per the letter dated 22.11.1993, the respondent admitted that "before calling of the tender, it is directed that for dismantling of the raft foundation fresh tender for these items be called with proper nomenclature of this item at EE/SE level and then should get this raft foundation disposed of."