DRIPLEX WATER ENGINEERING LTD Vs. DELHI JAL BOARD

JUDGEMENT

(1.) THE challenge by the Petitioner, Driplex Water Engineering Limited, in this petition under Section 34 of the Arbitration and Conciliation Act, 1996 (`Act') is to an Award dated 31st January 2006 passed by the learned sole Arbitrator, Respondent No. 2 in the dispute between the Petitioner and Respondent No. 1 Delhi Jal Board (`DJB') arising out of the award of work of supply, installation and commissioning of the electrical and mechanical equipment in respect of the effluent pumping station at the sewage treatment plant of DJB at Okhla, New Delhi under a contract agreement dated 18th August 1987. THE completion period of the work was 13 months reckoned after expiry of seven days of issue of work order. THE stipulated date of start of work was 3rd October 1987 and the completion date was 2nd November 1988.

(2.) WITH disputes having arisen between the parties, the Petitioner invoked arbitration clause. By an order dated 14th December 1992 the Commissioner of the Municipal Corporation of Delhi (`MCD'), the person designated as the appointing authority under the contract, referred the claims of the Petitioner to arbitration of a retired Engineer. Before the said Arbitrator, the Petitioner filed its claim on 14th April 1993. Despite repeated adjournments granted for that purpose, DJB did not file its reply and counter claim. Ultimately, on 6th September 1994 DJB filed its reply but not any counter claim. The Arbitrator was at that stage removed as Arbitrator and in his place Justice G.C. Jain (Retired) was appointed as the sole Arbitrator. Upon the demise of Justice G.C. Jain, Justice N.C. Kochhar (Retired) was appointed as an Arbitrator by a letter dated 14th December 1998 by the Chief Executive Officer (`CEO') of DJB.

(3.) DID the respondent provide the requisite inputs required to be provided by the respondent for the purpose of commissioning of the plant?