KAMAL CONSTRUCTION COMPANY Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) IA No. 2876/2002 (U/Sections 30 and 33 of the Arbitration Act, 1940) The petitioner was awarded the contract for the work of 720 MIG/LIG houses at Trilok Puri in pursuance to Agreement No. 44/EE/ED-9/90-91. Disputes arose between the parties and in terms of Clause 25 of the general terms and conditions of the contract, Sh. N.K.Sharma, Superintending Engineer Arbitration I was appointed the sole arbitrator by the chief Engineer vide letter dated 23.02.99. The arbitrator entered upon reference and made and published the award dated 07.03.2000. The petitioner aggrieved by the same has filed the present objections under section 30 and 33 of the Arbitration Act, 1940 (herein- after referred to as 'the Said Act').

(2.) A perusal of the award shows that insofar as claim no.1 is concerned, the petitioner accepted the fact that the finally settled claim has been subsequently received being the amount withheld from the running bill on account of shortage of money available with the respondent. Thus learned counsel for the petitioner does not press the objections to this claim.

(3.) Learned counsel for the petitioner however submits by reference to the other claims no. 2 to 10 that in view of Clause 25 undisputedly the award had to be a reasoned award and the award in question cannot be categorized as a reasoned award.