D D A Vs. FOUNDENGERS PRIVATE LIMITED

JUDGEMENT

(1.) An award for Rs.2 lacs or so passed in favour of respondent is hanging fire for the last about 14 years or more.

(2.) Appellant allotted the contract to respondent for construction of houses which was to commence on 9.10.1984 and was to be completed upto 7.2.1985. The work was, however, completed 11 months late on 7.1.1986. Appellant then issued a letter of levy of compensation on 7.6.1988, after 29 months and intimated final bill to respondent on 19.7.1988. He reacted to this setting up some claims by communications dated 25.8.1988 and 28.11.1988 and eventually invoked arbitration on 7.1.1989 raising as many as 7 claims. He firstly complained of deduction of Rs.57,545/- on account of compensation levied by Appellant's Superintending Engineer in terms of clause 2 of the agreement which was not opposed by appellant during arbitration proceedings. He finally succeeded in some claims and obtained award dated 15.11.1993.

(3.) When the award was filed for being made rule of the court. Appellant filed objections to this and opposed it mainly on two grounds:- (i) that respondent's claim was time barred and (ii) that levy of compensation of Rs.57,000/- and odd fell within `excepted matters' and was not arbitrable under clause 25 of the agreement. The arbitrator disallowed both pleas and so did learned Single Judge who went a step further to record that these were not seriously pressed in service before him. Hence this appeal.