LAWS(DLH)-1987-5-63

ENKAY CONSTRACTION CO Vs. DELHI DEVELOPMENT AUTHORITY

Decided On May 08, 1987
ENKAY CONSTRUCTION COMPANY Appellant
V/S
DELHI DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) , J.-

(2.) BY agreement No. 16/CDV/1971-:2, the petitioner was awarded work by the Delhi Development Authority for the construction of 370/1620 DU's for LIG at Pankha Road. Certain disputes and differences arose between the parties out of the execution of this work and the same were referred by the D.D.A. by Memo No. E.M. 2 (63)/71/Arbn/4060-64 dated 29.7.1981 for arbitration of Shri G. Subramanayam, Superintending Engineer (Arbitration), as the sole Arbitrator. The Arbitrator entered upon the reference and published his award on 11.5.84. The Arbitrator awarded Rs. 1,74,320.58 to the petitioner with interest @ 6%.

(3.) THE petitioner filed an application under Section 14 of the Arbitration Act on 9.7.84 for getting the award and the arbitration proceedings filed in Court. On 17.7.84, a notice was issued to the Arbitrator for filing the award and the arbitration proceedings. However, the Arbitrator died on 14.8.84 before the award could be filed by him. Section 14 of the Arbitration Act reads as under :-