(1.) SUIT No. 1002A/93 filed by M/s. Civil Engineers (India) under Section 14 of the Arbitration Act. I.A. 2298/94 filed by the contractor/petitioner objecting to the award relating to claims No. 5,6 and 7. No reply has been filed by the DDA. IA.2506/94 filed by the DDA objecting to the award of the arbitrator with reference to claims No. 5 and 6, mentioned in the award. Mr. Nag, learned counsel for the DDA confined his arguments only to claim No. 5.
(2.) . In claim No.2 the contractor claims Rs. 5 lakhs for extra item executed by it. After referring to the pleadings and also the evidence and the documents on record, the arbitrator allowed the claim of the contractor to the extent of Rs. 1,10,334.00 . In claim No. 5, the claimant made a claim of Rs. 80,000.00 towards damages due to delays in the work on account of the respondent. The arbitrator awarded a sum of Rs. 24,600.00 but interest was not allowed.
(3.) . Having regard to the nature of the contract and the prevailing bank rates, the arbitrator ought to have allowed interest @ 18% per annum on all the claims allowed by him. Accordingly, the award of the arbitrator in respect of claim No. 1 of Rs. 3,396.00 , Rs. 1,10,334.00 on claim No. 2, Rs. 1,004.38 on claim No. 4, Rs. 24,600.00 on claim No. 5 is confirmed. On claim No. 6, relating to interest the award is modified and there shall be a drecree :-