DELHI DEVELOPMENT AUTHORITY Vs. SUKUMAR CHAND JAIN

JUDGEMENT

(1.) THE Delhi Development Authority ('DDA') has challenged an Award dated 15th December 2006 passed by the learned Arbitrator in the disputes between it and the Respondent Contractor arising out of the award of the work of construction of 8314 houses in Sector-XV, Rohini, Delhi, SH. Construction of 252 LIG houses in Pocket Nos.6 & 7, Block-G, Sector-XV, Rohini, Delhi to the Respondent by the DDA.

(2.) THE work was awarded by a letter dated 16th December 1985 and an agreement was executed between the parties in terms of which the date of commencement of work was 26th December 1985 and the date of completion was 26th December 1986. The work was actually completed on 30th August 1991 and the DDA extended the time till then without levy of compensation.

(3.) THE Respondent invoked the arbitration clause by a letter dated 26th June 1993 and a sole Arbitrator was appointed by the DDA. The Respondent filed statement of claims and documents before him. However, when the arbitration could not proceed, the Respondent filed a petition in this Court and a learned retired Judge was appointed as an Arbitrator. The said learned Arbitrator resigned and thereafter by an order dated 22nd October 2003, this Court appointed Mr. Justice J.K. Mehra (retired) as Arbitrator. Written submissions were filed before the learned Arbitrator but after the rejoinder submissions were filed by the Respondent, the DDA took the plea that the arbitral proceedings were not maintainable.