BRIJ GOPAL CONSTRUCTION COMPANY Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) IA No. 2166/1997 (U/Sections 30 and 33 of the Arbitration Act, 1940) IN CS (OS) No. 2111A/1996 The petitioner contractor was awarded the work at Paschim Puri, Block A-1, New Delhi as per Agreement No. 14/EE/CDIII/85-86/DDA. Disputes arose between the parties and in view of the arbitration clause No. 25 of the General Terms and Conditions, the Engineer-Member, DDA appointed Shri Banarsi Dass as the Sole Arbitrator in terms of the letter dated 13.02.1992. The Arbitrator made and published his Award on 31.07.1996. The respondent aggrieved by the said Award has filed the present objections under Sections 30 and 33 of the Arbitration Act, 1940 ( hereinafter to be referred to as, 'the said Act' ).

(2.) Claims No. 1 and 2 of the petitioner have been disallowed and, thus, need no consideration.

(3.) Insofar as claim No. 3 is concerned, the petitioner claimed the amount on account of penal rate of recovery for steel from the final bill. The mild steel was supplied by the respondent and if it was not consumed and returned beyond the authorised waste of 5% due to cutting into pieces, such penal rate of recovery could be made. The Arbitrator has come to the conclusion that such recovery was not justified under clause 42(iii) as on the basis of the consumption, the variation was within 5% limit. The amount awarded is Rs.4,172.55. This is a pure finding of fact which does not call for any interference by this Court.