M L MAHAJAN Vs. D D A

JUDGEMENT

(1.) Present order disposes of IA.No.13440/92, being objections field by DDA under Section 30 of Arbitration Act,1940 to the award dated 22.5.1992 published by Shri M.S.Telang, sole arbitrator to decide the disputes and differences between the petitioner and DDA.

(2.) In brief, relevant facts are that on 2.8.1982, an agreement was entered into between the petitioner and DDA for construction of flats in Janata Category. Work was to commence w.e.f. 12.8.1982 and was to be completed by 11.8.1983. Work remained incomplete when completion period lapsed. Superintending Engineer levied compensation on the petitioner under Clause 2 of the agreement alleging failure on the part of petitioner to complete the work. Disputes fell in the lap of arbitrator for the reason contract between the parties contained an arbitration clause.

(3.) Before the arbitrator, petitioner raised 8 claims besides claim towards cost of arbitration. DDA raised 3 counter claims.