DELHI DEVELOMENT AUTHRITY Vs. ANANT RAJ AGENCIES

JUDGEMENT

(1.) The appellant (DDA) is aggrieved by the impugned order dated 13.3.2007 wherein the objections filed by it under Section 30 and 33 of the Indian Arbitration Act, 1940 (hereinafter referred to as the said Act) against the Award dated 02.11.1998 of the sole Arbitrator Mr.L.R.Pahwa had been modified only to the extent that qua item No.29 of Claim No.1 an amount of Rs.1,88,220/- was ordered to be deducted. The remaining amounts awarded under the three heads were sustained.

(2.) Record shows that the appellant and the respondent had entered into a contract whereby the respondent had undertaken construction of 8314 houses in Sector-XV, Rohini as also construction of 448 EWS Houses in Pocket 16,17,19 and 20 of Block F in terms of an agreement No. 6EE/RPD-5/DDA/85-86.

(3.) Disputes arose between the parties and in terms of the arbitration clause contained in the said agreement, Mr. L.R.Pahwa was appointed as the sole learned Arbitrator. Numerous hearings were held before the Arbitrator as is evident from the record. Claims were raised before him. The learned Arbitrator awarded a total amount of Rs. 28,54,700.41 in favour of the claimant under three separate heads. An amount of Rs.14,28,544.96 was awarded under the Claim No.1 on account of work done but not paid. A second sum of Rs.13,68,755.45 was awarded towards damages under item no.32 of Claim No.1. Under the third head i.e. item no.33 of Claim No.1 a sum of Rs.57,400/- was awarded which was towards watch and ward for a period of seven months i.e. from 15.5.1992 till 14.12.1992. Interest on the aforesaid amounts @ 12% from the date of the payment was also granted.