BINDRA BUILDERS Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) ORDER:-

(2.) THIS will dispose of two petitions moved under Ss. 20 and 33 of the Arbitration Act by M/s. Bindra Builders. The respondent is the Delhi Development Authority. By the former the petitioner is seeking reference of disputes numbering 14 as mentioned in Annexure 'A' attached with the petition to arbitration. The other is for determining the effect and validity of the arbitration agreement with regard to claim No. 5 of that Annexure. That claim is to the following effect:

(3.) IT has also been sought to be urged by Mr. Vohra that once the Executive Engineer had prepared substituted item statement, the respondent should be bound by the same and should not be allowed to resile. In support reliance was placed upon AIR 1966 SC 405. In my view, however, this will be a matter for the learned arbitrator to consider. Mr. Vohra also sought to urge that the respondent is acting in a very high handed manner as to allow deduction of Rs. 956.14 per sq. meter which would be more than even the price of the makrana marble. Ex facie that would appear unreasonable. However, no opinion is expressed about that and the matter would receive due adjudication in arbitration in the light of what is observed in this order.