RAJ KUMAR Vs. EXECUTIVE ENGINEER CPWD

JUDGEMENT

(1.) The award dated 6th September,1990 in the matter of arbitration between the petitioner and the Union of India was filed in this Court by the Arbitrator Sh. N.H. ChandWani, who was appointed as an Arbitrator, by the Chief Engineer, CPWD, New Delhi, vide letter dated 12th January,1989 to decide disputes between the parties.

(2.) The first respondent awarded the contract for the construction of hostel for students and nurses at Safdarjung Hospital, New Delhi,, to one P.D. Gupta, contractor. As the said contractor was not able to complete the work, the balance work was awarded to the petitioner by the second respondent (UOI). Disputes, however, arose between the petitioner on the one hand and the said respondents on the other and the former sought reference of the same to an arbitrator. Thereupon the Chief Engineer (NDZ-1) referred the following disputes raised' by the petitioner to the aforesaid arbitrator:

(3.) On 19th June, 1989 the parties concluded their oral arguments before the Arbitrator. Thereafter on 1st July,1989, joint measurements by both the parties were completed. On 24th April, 1990, the first respondent pursuant to the taking of the joint measurements, wrote a letter to the Arbitrator regarding quantity of work executed at site and other connected matters. This letter reads thus:-