M C D Vs. JAGBIR SINGH SHARMA

JUDGEMENT

(1.) This is a petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by the Municipal Corporation of Delhi (hereinafter to be referred as the 'petitioner') for setting aside the arbitral award dated 28.12.2006 passed by the sole Arbitrator Mr. R.P. Gupta in the arbitration case titled Jagbir Singh Sharma Vs. Municipal Corporation of Delhi.

(2.) The brief facts of the case giving rise to this petition are as follows:- The respondent No. 1 was awarded the work of "I/Stg of Pashmi Marg, Vasant Vihar in South Zone SH: Imp to footpath and drainage system" vide work order No. (PR) SZ/TC/2"3-04/7 dated 04.04.2003 for the contractual amount of Rs. 38,70,322/-. Thereafter agreement dated 07.04.2003 was executed between the respondent and the petitioner. In pursuance of the agreement bills were raised on completion of the work done by the respondent.

(3.) The disputes arose between the parties and in pursuance of order dated 27.10.2005 passed by this Court, Mr. R.P. Gupta was appointed as the sole Arbitrator to decide the disputes between the parties arising out of the aforementioned contract which contained an arbitration clause. The sole Arbitrator after hearing both the parties passed the impugned arbitral award which has been challenged by the petitioner by way of objections under Section 34 of the 1996 Act.