GURCHARAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner contractor was assigned the work of construction of dwelling units in Sector 16, Rohini by the respondent in pursuance to Agreement No. 3/EE/CD-VIII/86-87. Disputes arose between the parties and in view of the arbitration clause No. 25, the Chief Engineer appointed Shri S.S. Juneja as the Sole Arbitrator in terms of the letter dated 11.01.1993. The Sole Arbitrator entered upon reference and made and published the Award dated 22.07.1994. The respondent aggrieved by the same has filed the present objections.

(2.) None has appeared for the respondent today and a perusal of the Order- sheets shows that after 25.08.2003, none has been appearing for the respondent. In such a situation, these objections could have been dismissed for non- prosecution, but in order to ensure that no injustice is done to the respondent, I have examined the award and the objections filed by the respondent.

(3.) The first claim relates to the work done by the petitioner for which no payment has been made by the respondent. The Arbitrator has examined the documents filed and the material placed on record to come to the conclusion that the stipulated dates for start of the work was 08.03.1989 and for the completion of work was 07.03.1991, while the work actually got completed on 10.06.1992. This is in terms of the Supplementary Agreement and it has been found that the occasion to enter into the Supplementary Agreement arose on account of delay in laying of peripheral services and not due to any delay on the part of the petitioner. The petitioner was, in fact, asked to complete the remaining items in April, 1992 after the stipulated date for completion as per the Supplementary Agreement had expired. The petitioner was held entitled for redoing the work for some of the items and out of the total claim of Rs.1,08,250/-, the Arbitrator has awarded Rs.68,000/-.