UNIVERSITY OF DELHI Vs. SUNITA CONSTRUCTION (P) LTD.

JUDGEMENT

(1.) These matters are taken up together as they arise out of the same award made by the learned Arbitrator on 10.05.1991. Both the claimant as well as the respondent have preferred objections in respect of the award.

(2.) The respondent before the Arbitrator (University of Delhi) had invited an open tender for the work of construction of a boys hostel, warden flats and servant quarters in the campus of International Students House, University of Delhi. The claimant [M/s Sunita Construction Pvt. Ltd. (hereinafter referred to as 'Sunita Construction')] had submitted the tender which, after negotiation was finally accepted for an amount of Rs 36,78,703.93 by a letter dated 27.10.1983. The work was to be completed within 18 months commencing from 05.01.1983. A formal agreement was subsequently entered into for an amount of Rs 37,15,862.55. Disputes had arisen between the parties specifically with regard to delay and Sunita Construction filed a Statement of Claim enumerating as many as 19 grounds of delay which were entirely blamed upon the University. Sunita Construction filed its claim before the Arbitrator under 14 heads of claim.

(3.) The learned Arbitrator found that Sunita Construction was entitled to Rs 66,127.23 out of a total claim of more than Rs 20 lakhs. The claimant (Sunita Construction) is aggrieved by the fact that several of its claims were disallowed without recording any tangible reasons therefore. The University is also aggrieved by the fact that Claim No. 6 of the claimant was allowed by the learned Arbitrator when the same could not be allowed in view of the specific provisions of Clause 10-C of the contract.