LAWS(DLH)-1997-8-75

GAURI SHANKAR Vs. DELHI DEVELOPMENT AUTHORITY

Decided On August 08, 1997
GAURI SHANKAR Appellant
V/S
DELHI DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) The Claimant M/s Gauri Shankar (hereinafter referred to as the Contractor) was entrusted with the work of construction of local shopping Centre at West of Trilokpuri (opposite Pocket I) Scheme No. 560/2 (Balance Work) by the Delhi Development Authority (hereinafter referred to as DDA). By letter dated 30.09.1992 the Superintending Engineer was appointed as a sole arbitrator by the Engineer member.

(2.) The contractor made 19 claims and there was no counter claim by the DDA. Mr. Shailash Kapoor argued on behalf of the DDA and Mr. C.R. Soma Shekhran Sr. Advocate argued on behalf of the contractor. The arbitrator had rejected the preliminary objection raised by the DDA that the claims are not arbitrable stating that it had taken to recourse of become a judge of its own course.

(3.) IA No.861/95 is filed by the contractor challening the award in so far as against it with reference to claim No.18 relating to the rate of interest. The DDA has filed IA No. 173/96 challenging the award with reference to claim Nos 1,6 to 9, 17 and 18.