C LAL GUPTA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) 1. This appeal under Section 39 of the Arbitration Act, 1940 filed by the appellant M/s C. Lal Gupta is directed against an order passed by the learned Single Judge on 15.04.2005 by which the arbitral award dated 03.09.1993 has been partly set aside. The challenge in this appeal is restricted to setting aside of award on claims No. 3, 4, 5 and 7.

(2.) The appellant is a building contractor and was awarded contract by the respondent (Delhi Development Authority) for construction of unauthorised regularized colony of Brahampura Complex SH Drains, Culverts, Roads and Paths etc. at Harijan Colony, Brahampura vide Agreement bearing number 397/EE/HD.XV/84-85.

(3.) Certain disputes and differences arose between the parties in respect of the aforesaid work done which under Clause 25 of the Agreement were referred for decision to the Sole Arbitrator Mr. A. Shankaran, Retired Additional Director General of CPWD by the then Engineer Member vide his letter bearing number EM2(3)91 Arbn/11486-90 dated 06.09.1991.