ANANT RAJ AGENCIES Vs. DDA

JUDGEMENT

(1.) The plaintiff, a partnership firm was awarded the work of construction of 1096 MIG dwelling houses in Pocket D and E, Sector 15, Rohini, Delhi and 256 MIG houses in Pocket E-2 as per the Agreement No.3/EE/RPD-V/DDA/85-86. Disputes arose between the parties and in view of Arbitration Clause 25, the matter was referred to the adjudication of the Sole Arbitration of Shri C. Bannerjee by the Engineer Member DDA in terms of letter dated 20.1.1994. The Arbitrator made and published his award dated 11.11.1997. The DDA aggrieved by the same filed the objections.

(2.) Learned counsel for the plaintiff pointed out that similar disputes arose between the parties where the matter was referred to the Sole Arbitration and same objections were filed. The objections were dismissed and the award was made Rule of the Court in terms of he judgement dated 24.1.2001 in Suit No.2580/1991 titled M/s. Anant Raj Agencies Vs. DDA and Anr.

(3.) There is no doubt that each case has to be decided on its own facts. However, if the nature of objections are same and a view is taken by the Court on those objections between the same parties in respect of another contract, it cannot be said that the same would have no bearing on the present case.