KRISHNA CONSTRUCTION CO Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The present petition is moved by the petitioner under Section 14 of the Arbitration Act, 1940 to file the original Award dated 26th April, 1991 together with other proceedings pertaining to Agreement No.31/EE/DDIV/79-80 in respect of work titled "C/o 612 MIG houses at Bodella, Pocket CC-1 including internal development SH: C/o 264 houses, Group IV".

(2.) The petitioner was awarded work on 23rd February, 1980 by respondent no.1 and Agreement Bearing No. 31/EE/DDIV/79-80 was entered into between the parties. The completion of the work as alleged in the petition was carried on beyond the stipulated period due to delays, breaches and delayed supply of materials by respondent no.1. The work was completed in May 1982. The Agreement entered into between the parties contained an arbitration clause (Clause 25) for reference of all the disputes to an Arbitrator to be appointed by the Engineering Member of respondent-Delhi Development Authority. The levy of compensation for delayed work was governed by the provisions of Clause 2. Clause 25 of the Agreement may be reproduced as follows:-

(3.) The Arbitrator in terms of the Clause referred above was appointed vide order dated 28th January, 1985 to decide the disputes in respect of the above mentioned contract. The following claims and counter claims were referred to the Arbitrator:-