HANS CONSTRUCTION COMPANY Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THESE are the objections against the award of Shri V.R. Vaish, sole arbitrator dated 20.12.1988 regarding contract for 304 LIG houses of Pashchim Puri Block No.B. Pocket BG-3 I/C water supply sanitary installations and internal development of the land vide agreement No.9/DDAI/DDA/82-83.

(2.) AS would appear from the discussion here in under the award has been objected to by the respondents mainly on two grounds, that is

(3.) ON claim No.9, my attention has been drawn to the fact that after the submission of the tender, negotiations were undertaken between the parties. As a result whereof, the contractor was allowed the rates quoted keeping in view the fact that the price of bricks had undergone a considerable enhancement. It is pointed out that the tender was invited on24.2.1982. It was submitted on 19.3.1982. The price in crease in the bricks took place on 1.6.1982. Negotiations for the rates were held on 7.6.1982, which is referred to in the letter of the claimants of 8.6.1982,a part where of reads as under:- "With reference to the discussion/negotiation held with you on 7.6.82 in regards to our tender dt.l9.3.82 in the above cited work, we would like to mention that due to sharp price in prices of building material particularly of bricks, it will not be possible for us to reduce our rates from 92.46% above."