PANDIT CONSTRUCTION COMPANY Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner is a registered partnership firm and in pursuance to an invitation for tender floated by respondent no.1 for work of construction of shopping centre at New Rajinder Nagar, a tender bid was submitted. The tender submitted by the petitioner was accepted in terms of the letter dated 30.11.1990 of respondent no.1/DDA at a tendered cost of Rs.1,24,75,860/- and an agreement was executed between the parties dated 12.12.1990. The stipulated date of completion was 9.3.1992 (15 months). The work was, however, completed only in late April, 1998 and the completion certificate was issued on 28.4.1998. The petitioner blames respondent no.1/DDA for the same.

(2.) It is the case of the petitioner that in view of the disputes about payment between the petitioner and respondent no.1, the petitioner issued a notice dated 9.7.2001 to the Chief Engineer of respondent no.1 for appointment of an arbitrator and in view of the failure to do so, filed a Suit No.AA No.258/2002 before this Court. Shri C.S. Jawa, District and Sessions Judge (retd.) was appointed as the sole arbitrator in terms of the order dated 27.8.2003 passed in the said suit.

(3.) The sole arbitrator, respondent no.2, made and published an award dated 27.10.2005. The arbitrator adjudicated upon the claims of the petitioner on merits but the claims were rejected on the ground of being barred by limitation as also the plea of estoppel being found in favour of respondent no.1. The petitioner has filed the present objections under Section 34 of the Arbitration and Conciliation Act, 1996.