SANYUKT NIRMATA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This judgment will dispose of the two Suits as the questions raised in both cases are common.

(2.) On applications filed by M/s Sanyukt Nirmata, Engineers & Contractors, the learned Arbitrator Shri S.P. Banwait filed his two awards which were published on 31st December, 1984. The Delhi Development Authority (defendant in the two suits) filed objections to the awards being made a rule of the Court. In Suit No. 110-A/85, the objections were registered as IA 1788/85 and in the other suit i.e. Suit No. lll-A/85, the objections were registered as IA 1789/85. The plaintiff filed replies to the objections. On the pleadings of the parties, the following two issues were framed in Suit No. 110-A/85 :

(3.) The main claim in both the cases was thus based on the work executed beyond the deviation limit under clause 12-A of the agreement. The learned Arbitrator in the said awards has upheld the claims put forth by the plaintiff herein. Be has held that clause 12-A of the agreement between the parties is applicable.