POLO SINGH AND CO Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE Arbitrator, Mr. H.P. Patel, made and published his award on the 26th of December, 1992, in respect of disputes and differences arising between the parties relating to the work of construction of 356, SFS houses, category II, at Madipur, Pocket-III and SH construction of 132 numbers SFS houses category-II, at Madipur, Pocket-III, GR-II. While this award has been challenged by the respondent-UOI under Section 30 of the Arbitration Act by means of I.A.No. 2997 of 1994 (in Suit No. 473/93), the petitioner has filed an application, being Suit No. 212 of 1993, for making the award a rule of the court. THE facts leading to the instant suit lie in a narrow campass. THE word in question was awarded to the petitioner on the 7th of March, 1989. THE estimated cost of the work was Rs. 1,23,06,150.00 and the tendered amount was Rs. 1,48,28,910.00 . THE stipulated date for the commencement of the work was 17th of March, 1989, and the same was required to be completed within 15 months, that is to say on or before the 16th of June, 1990. THE work, however, did not commence which led to recession of the contract by the respondent on 21st August, 1989. In this regard the stand of the petitioner was :