SHALIMAR FURNISHERS Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This suit has been registered on account of filing of the Award by Arbitrator Mr. 0.P. Mittal on 15.5.1990. Thereafter, notices were issued under Section 15 of the Arbitration Act to both the parties and petitioner has filed IA.6331/90 raising certain objections whereas respondent has filed IA.6332/90 raising certain objections to the said Award.

(2.) Petitioner, M/s.Shalimar Furnishers had taken Contract No.11/PE/AGDX/AGVC/DDA/82-83 for supply of wooden furniture and curtains in 48 numbers of type 'A' House of Group VI at Asian Games village Complex, Siri Fort, New Delhi in the year 1982. The agreement between, the parties was executed on 27.4.198.2. As regards the said contract the disputes between the parties had arisen. As per the terms of the contract between the parties the Engineer Member of DDA was to appoint an arbitrator. Accordingly, Shri O.P. Mittal was appointed as Arbitrator by the Engineer Member of DDA on 5.1.1987. After giving both the parties opportunity to lead evidence in support of their rival claims and after hearing both the parties the Arbitrator was pleased to pass his Award on 30.8.1989.

(3.) Petitioner has filed IA.6331/90 and by the said application he wants me to remit back the claim NOS.I, 3, 4 & 6 to the Arbitrator. According to him, the arbitrator was quite competent to give the Award on Claim No.l but he wrongly interpreted clause No.14 & 14A of the agreement between the partics and held that the decision of the Executive Engineer of the DDA was final. Similarly, the arbitrator was not justified in refusing the claim of interest. Similarly, the arbitrator was not also justified in rejecting the Claim No.6 which was on account of the replacing of the missing and totally damages parts.