G.D. TEWARI & CO. Vs. DDA

JUDGEMENT

(1.) THE respondent/DDA awarded the work to the appellant/contractor on 17.12.1984 in pursuance to a tender of construction of DUs under SF Scheme at Vasant Kunj. As usual, disputes arose between the parties and the disputes were referred for adjudication to the sole arbitration of Mr. K.B. Bali, who made and published his award on 19.05.1995. THE award was filed in court and registered as CS(OS) 1381A/1996. THE respondent/DDA filed objections under sections 30 and 33 of the Arbitration Act, 1940 which was registered as IA No.12624/1996. THE objections have been partly allowed by the impugned order dated 19.04.2005 of the learned Single Judge.

(2.) WE may record that at the time of issuance of notice on 05.07.2005, the grievance of the appellant was confined to only certain claims awarded by the Arbitrator and set aside by the learned Single Judge. Learned counsel for the appellant has also fairly stated before us, that the real controversy is only in respect of sub-heads 12 and 23 of claim no.8 in extra items. Thus, we have to examine these two claims which were allowed by the Arbitrator and set aside by the learned Single Judge. Sub-head 12 of Claim no.8

(3.) THE learned Single Judge proceeded to set aside the award of this amount on account of the fact that if the contractor was required to give a finish with sponge surface, all consequences arising therefrom would form a part of the contract price and thus could not be awarded as extra items.