JASWANT SINGH Vs. DEVELOPMENT OF AUTHORITY

JUDGEMENT

(1.) AN award for Rs. 13.674.00 in favour of the claimant is under challenge by the Delhi Development Authority. AN agreement was entered into for the construction of work at Block C, Near District Park Vikaspuri between the petitioner and the respondent DDA. 17.9.1988 was the date fixed as the commencement of the work. The work was to be completed within 9 months. The work was not finished within the time. The petitioner had also to maintain the site for sometime owing to the various acts of omission and commission of the respondent. Shri R.C. Malhotra was pointed as the Arbitrator. On 29.11.1991 the award was passed by the Arbitrator directing the respondent to pay the petitioner the sum of Rs. 13,674.00 with interest at 12% per annum for the period from 14.6.90 to 17.1.91. The counter claim for Rs. 1,82,263.00 was rejected by the Arbitrator. In I.A. 2266/93 the DDA filed its objections. It is stated in the objections that the contractor had committed the breach. He wanted two months time. The respondent wrote in Ext. R.11, R.13 and R.3 directing the contractor to comply with the request made therein but the petitioner did not comply with the demand and, therefore, the work was got done from some other agency. The Arbitrator had indulged in conjectures and surmises in awarding Rs. 13,674.00 in favour of the petitioner. Regarding the counter claim the plea taken by the respondent is as under :-

(2.) THE learned counsel for the DDA confined her arguments only to the counter claim made by the DDA and the award made by the Arbitrator for Rs.l3,674.00 in favour of the petitioner.