LAWS(DLH)-2012-10-180

ASSOCIATED BUILDERS Vs. DELHI DEVELOPMENT AUTHORITY

Decided On October 09, 2012
ASSOCIATED BUILDERS Appellant
V/S
DELHI DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) These are the objections filed by M/s Associated Builders ('the Contractor') under Sections 30 and 33 of the Arbitration Act, 1940 ('Act') to an Award dated 20 th August 2007 passed by the learned sole Arbitrator in the disputes between the Contractor and Delhi Development Authority ('DDA') arising out of the work of construction of 1088 LIG Dwelling Units (NP) at Dilshad Garden, Pocket C, Zone E-6, Sub head: Construction of 320 LIG dwelling units in Phase I, which was awarded by the DDA to the Contractor.

(2.) The Contractor has preferred objections to the impugned Award as regards Claim Nos. 2 to 8, 11 to 14, 16 and the counter claims of the DDA to the extent allowed by the learned Arbitrator.

(3.) Claim No.2 was for a sum of Rs. 25,643.19 for providing hinges and holdfast to steel choukhats. The case of the Contractor was that the amount was payable according to the weight of the hinges and hold fast and not as per their length. The learned Arbitrator rejected the claim by holding that under the provisions contained in the CPWD specification Volume I paragraphs 10.11.05 and 10.11.06, which formed part of the agreement, no separate amount was payable.