KIRPAL SINGH KHURANA Vs. UNION OF INDIA

JUDGEMENT

(1.) -

(2.) M/s. Kirpal Singh Khurana & Sons entered into a contract with Union of India through the Executive Engineer, Public Witness .D. for execution of the work of construction of Government Senior Secondary School at Andha Mugal, Delhi including the inter water supply and sanitary installations. The said agreement contained an arbitration clause. Disputes arose between the parties in respect of the contract which were referred to Shri V.Nainani, respondent No. 2 herein for adjudication in terms of the Arbitration clause.

(3.) IT was the case of the petitioner that as per Clause 12-A petitioner requested the respondent to revise the rates for this item of work executed beyond the deviation limit. Rates claimed were @ Rs. 8.68 per kg. The rate quoted by the petitioner for the excess work executed beyond the deviation limit was according to the prevalent market rate at that point of time. IT was further contended by the petitioner that the respondent never denied the rate of Rs. 8.68 per kg. as the market rates, nor denied the claim of the petitioner under Clause 12-A of the agreement. The only defence taken by the respondent, before the Arbitrator was that the petitioner had not fulfilled other conditions required under the said clause for making this claim. What those conditions were, the respondent never specified before the Arbitrator.