LAWS(DLH)-1996-10-33

AJAY CONSTRUCTION CO Vs. DELHI DEVELOPMENT AUTHORITY

Decided On October 17, 1996
AJAY CONSTRUCTION COMPANY Appellant
V/S
DELHI DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) The Arbitrator Mr.G.R. Hingorani made and published the award on February 17, 1989 in the matter of arbitration between the petitioner Ajay Construction Company and respondent-DDA in regard to the work, namely "Construction of 168 MIG Houses at Bodella Pocket CG - I". While the petitioner prays for making the award a rule of the Court, the first respondent has filed an application, being I.A.1840/90, under sections 30 and 33 of the Arbitration Act for setting aside the same. The facts giving rise to this matter are as follows:-

(2.) The petitioner and first respondent entered into a contract with regard to the above said work. Certain disputes arose between the parties whereupon Engineer Member, DDA appointed second respondent to adjudicate the same. The following relevant dates and data are not in dispute:-

(3.) Learned counsel appearing for the first respondent has assailed some of the findings of the Arbitrator pertaining to claims No.1,2,3,5,6,8,10 and 14 on the ground that the same suffer from lack of reasons. He submitted that the Arbitrator was bound to give reasons as clause 25 of the agrement and the letter of the Engineer Member referring the disputes for adjudication required the Arbitrator to give a reasoned award.