BHARTIYA CONSTRUCTION CO Vs. CHAIRMAN DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The Claimant M/s Bhartiya Construction Co. (hereinafter called as the Contractor) was entrusted with the work of construction of 504 S.F.S. Cat.II Houses at Sukh Dev Vihar by the Delhi Development Authority (hereinafter called as the Objector). The disputes arose between the parties and they were referred to Mr. V.R. Vaish, arbitrator, who is a retired Director General of CPWD to adjudicate upon the disputes by Engineer Member of the Objector vide letter dated 10.01.1985. The arbitrator passed the award on 31.10.1988.

(2.) The period given for completing the construction was 12 months. The date fixed for commencement of the work was 13.06.1982. To begin with, site was handed over to the Contractor on 12.09.1982. It was noticed by the arbitrator that "piles of the last block and grade beam were completed and handed over for further work to the Claimant only on 08.12.1983. This mean about one and half years after the date of start as per the contract." Besides the above, the work was stopped in or about the quarter of 1984 and the Claimant was directed to resume the work on 23.01.1984 on the specific understanding that the DDA would enter into fresh contract. That was not done. Action was sought to be taken by the Objector under Clause 12 and the contractor resumed the work and it was completed.

(3.) The objector has challenged the award with reference to Claim No.5 and counter claims 2, 3, 4, 6 and 7.