MOHAN CONSTRUCTION CO Vs. D D A

JUDGEMENT

(1.) Present order disposes of objections filed by DDA under Section 30 of the Arbitration Act, 1940 to the award dated 6.10.1995 made and published by Sh.A.C. Panchdhari, the sole arbitrator appointed to decide the disputes and differences between M/s. Mohan Construction Company and DDA arising out of contract agreement No.2/DD-1/DDA/82-83.

(2.) The objections are the usual ones filed against each and every award suffered by DDA. Objections are argumentative, unfortunately without any substance. Indeed, at the hearing held on 18.5.2005, counsel for the DDA could hardly shake the foundation of the award or any part thereof. Objections which run into 33 pages are without reference to a single document. I have repeatedly directed DDA to ensure that in the objections reference is made to the documents relied upon by DDA to challenge findings of arbitrators. On 24.1.2005, I had directed DDA to file brief written synopsis indicating the submissions and page number of the document relied upon. Matter was posted for arguments on 18.5.2005. It is to be regretted that counsel for DDA has chosen not to do the needful notwithstanding the fact that nearly 4 months time was granted to the counsel to do the needful. Sh.A.C. Panchdhari, the learned sole arbitrator appointed is a retired Director General of Works (CPWD). He is a man of experience in the filed of construction. Award in question is a speaking award running into 38 pages. That there is a complete application of mind and consideration of the relevant evidence led before the learned arbitrator is evidenced from the fact that claim No.2 and 7 have been dismissed. Claim No.3, 4, 5, 6, 8 and 9 have been partially allowed. Similarly, counter claim No.1, 5, 6 & 7 have been rejected. Counter claim No.2, 3, 4 and additional counter claim No.1 have been partially allowed. After adjustment, sum awarded to the contractor is Rs.6,91,968/-. Sum awarded is directed to be paid with interest @ 12% per annum from date of award till date of decree. For record, it may be noted that while determining the amount payable, learned arbitrator has granted benefit of interest for the pre-suit period till date of award and has included the said amount while working out the summary of the award where sum awarded under the counter claims has been adjusted from the sum awarded to the contractor.

(3.) Learned arbitrator has noted that the stipulated date of start of work was 1.5.1982 and stipulated date of completion was 30.4.83. He has further noted that the actual date of completion of the work was 9.1.1988.