LAWS(DLH)-2017-9-146

DELHI STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. Vs. BRIJ GOPAL CONSTRUCTION CO. PVT. LTD.

Decided On September 13, 2017
DELHI STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. Appellant
V/S
Brij Gopal Construction Co. Pvt. Ltd. Respondents

JUDGEMENT

(1.) The present petitions have been filed under section 34 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act'), impugning the arbitral award dated 31.12.2015 (hereafter 'the impugned award'), made and published by the Ld. Sole Arbitrator, Mr H.S. Dogra, Director General, CPWD (Retd.), in relation to the disputes that had arisen between the parties. While OMP (COMM) 269/2016 has been preferred by the Delhi State Industrial and Infrastructure Development Corporation Limited (hereafter as 'DSIIDC'), OMP (COMM) 279/2016 has been filed by M/s Brij Gopal Construction Company Private Limited (hereafter as 'BGCC').

(2.) By the impugned award, the arbitrator has accepted the claims made by BGCC (Claim nos. 1, 2, 3, 5, 6 and 7) and, has awarded a total amount of Rs. 3,61,06,878/- in its favour.

(3.) DSIIDC impugns the decision of the Sole Arbitrator awarding certain claims in favour of the BGCC. BGCC has also challenged the impugned award to the limited extent that its claim for excavation of fly ash (included in claim no.3) has been rejected.