TILAK RAJ GOGIA Vs. BSNL AND ORS

JUDGEMENT

(1.) I have heard the appellant who is appearing in person and who appears in person in various cases before this Court as well as in other courts.

(2.) This first appeal is filed under Section 37 of the Arbitration and Conciliation Act, 1996 impugning the judgment of the court below dated 8.8.2013 by which the objections filed by the appellant under Section 34 of the Arbitration and Conciliation Act, 1996 were dismissed.

(3.) The appellant as a contractor was awarded the work of Recarpeting of damaged bituminous road in Telecom Staff Quarters at Vivek Vihar, Delhi-95. After completion of work disputes and differences arose with respect to payments of the work done and, therefore, arbitration proceedings took place. Arbitration proceedings resulted in the Award by the arbitrator dated 1.3.2007. Arbitrator with respect to claim no.1 for an amount of Rs.2,82,000/- for giving of a thicker coat of carpeting awarded not the entire amount claimed but only an amount of Rs.1,27,908/- which pursuant to the Award stands paid to the appellant. There were other claims which were dismissed including for the reason that claimant himself was guilty in not giving details as of his relatives in the department resulting in delay of the work. The claimant had also made a claim with respect to idle labour on account of alleged hindrance in the work and this was also not proved and the arbitrator notes that neither the hindrance register recorded any hindrance nor could the claimant produce any such written instruction for stopping of the work.