BRIJ LAL & SONS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Petitioner, M/s Brij Lal and Sons, a registered partnership firm through, one of its partners, Mr. Tilak Raj, has filed this petition under Section 34 of the Arbitration & Conciliation Act, 1996 ('Act') challenging an Award dated 1st August 2008 of the learned sole Arbitrator in the dispute between Respondent No.1, the Union of India through the Central Public Works Department ('CPWD') and the Petitioner, arising out of the award by CPWD of development works at RLA college, New Delhi, comprising the approach road, water supply, sewer line and underground tank in favour of the Petitioner by an agreement No.29/EE/CD -XIV/92 -93.

(2.) THE commencement date of the work as per the contract was 13th February 1993. The stipulated date of completion was 23rd August 1993. According to the Petitioner, the work could not be completed within the stipulated time and was ultimately completed on 16th September 1995. However, the Respondent did not release the final payment against the bill dated 23rd October 1995. The Respondent rescinded the contract on 31st May 1996. The Petitioner submitted its claims on 2nd April 1996 and on 24th December 1996 the Respondent appointed the sole Arbitrator.

(3.) CLAIM No.1(b) was for a sum of Rs.75,000 towards short measurement left after submitting the running bill dated 23rd October 1995 for item ­ Plaster neat punning i/work etc. The learned Arbitrator held that this claim was not established and accordingly rejected it. Likewise, Claim No. 1 (c) for a sum of Rs.68,874 on account of earthwork done, Claim No. 2 for Rs.63,000 on account of use of 12 mm plaster instead of 6 mm and Claim No. 3 were rejected. Claim No. 4 in regard to hard soil was also rejected.