ENKAY COPNSTRUCTION COMPANY Vs. DELHI DEVLOPMENT AUTHORITY

JUDGEMENT

(1.) Shri Om Prakash a retired Chief Engineer of Central Public Works Department (CPWD) was appointed as Arbitrator by the Engineer Member-DDA vide his letter No. EM2/(68)/78/Arbn./2851-55 dated 27.2.1992 to decide disputes which had arisen between M/s. Enkay Construction Company v. DDA out of an agreement No. 12/EEE/HD-III/72-73. The said Arbitrator entered upon the reference after two previous Arbitrators, namely, Shri N.H. Chandwani and Shri Banarasi Das failed to continue with the arbitration proceedings. The present Arbitrator gave his award on 14.11.1997.

(2.) The claim before the Arbitrator was made by the company M/s. Enkay Construction which the Delhi Development Authority (DDA) had opposed. The Arbitrator after considering the evidence on record, has awarded an amount of Rs. 1,38,679.43 in favour of the contractor and has also ordered that the contractor shall be paid interest on a sum of Rs. 1,27,579.43 at 12% per annum from 27.2.1992 upto the date of payment or the decree of the Court whichever is earlier and shall also be paid interest on Rs. 11,100/- at 12% per annum from the date of payment or the decree of award whichever is earlier.

(3.) The DDA is unhappy with the award and has, therefore, filed objections to the same. It is these objections which is the subject matter of the present order.