LAWS(DLH)-2006-2-89

M N ARORA Vs. D D A

Decided On February 24, 2006
M.N.ARORA Appellant
V/S
D.D.A Respondents

JUDGEMENT

(1.) This is an application under Section 5 of the Limitation Act praying for condonation of delay in filing the review application. For the reasons stated in the application, the application is allowed and delay in filing the review application is condoned. The application stands disposed of accordingly.

(2.) This is an application under Section 149 Read with Section 151 and 152 of the Code of Civil Procedure made on behalf of the respondent-DDA seeking review/modification/clarification of the order dated 14.7.2005 passed by this Court in CS (OS) No.2213A/1995. According to the applicant-DDA the award of the Sole Arbitrator dated 14.5.1997 was challenged by them on all the counts on which the amounts have been awarded to the petitioner-claimant including claim No.8 relating to the award of interest. Though the objections were disposed of by the order dated 14.7.2005 thereby upholding the Award so far as it allowed claims Nos. 2 and 3 of the Contractor and set aside the award so far as it has disallowed the counter claim of the DDA for the sum of Rs.10,94,492/- towards levy of compensation on account of non-completion of work primarily on the ground that it was an ?expected matter? and the Arbitrator could not have entered into the reference qua the said counter claim and make adjudication thereon.

(3.) The grievance of the applicant/D.D.A. is that its objection in regard to the award towards item No.8 of the Award has not been answered by the order dated 14.7.2005. A reply has been filed to the application. On the other hand another application has been made on behalf of the petitioner-claimant- decree holder for preparation of a decree in consonance and in accordance with the judgment of this Court dated 14.7.2005 and for inclusion of the amount of interest as awarded by the Arbitrator in the decree.