DELHI JAL BOARD Vs. SUBHASH PIPES LTD.

JUDGEMENT

(1.) PRESENT objections under Section 34 of the Arbitration and Conciliation Act, 1996 lay a challenge to the award dated 12.04.2002 published by Sh. K.D. Bali, sole arbitrator on a dispute referred to him pertaining to the claims and counter -claims of the parties, arising out of Contract Agreement No. 6(1992 -93).

(2.) RESPONDENT was the principal claimant. Petitioner was the respondent and had some counter -claims.

(3.) LEARNED arbitrator noted that as per the contract between the parties, claimant was to be supplied certain raw materials from which pre -stressed pipes had to be fabricated by the claimant and supplied to Delhi Jal Board. Learned arbitrator also noted that the contract between the parties had certain reciprocal obligations, prior compliance by one party was a condition precedent for the other to comply with its reciprocal obligation. Learned arbitrator with reference to Annexure C -9 also took note of the fact that Delhi Jal Board extended time for completion of the supply after fabrication, without levy of liquidated damages.