ARVIND CONSTRUCTION CO PRIVATE LIMITED Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) That the petitioner was awarded the work of development of Rohni Project Phase-1 SH:P/L sewer line in Sectors III and VII vide Agreement No. 24/HD-XII/A/82-83. The disputes arose between the Contractor v. M/s. Arvind Construction Co. and the DDA. The Arbitra tor passed the award on 17.8.1994.The DDA has filed objection petition being IANo.461/95.The Contractor has not filed any objections.

(2.) Claim No. 1 relates to the refund of security deposit. It is stated by the claimant that a sum of Rs. 1,00,000.00 was deposited towards the security deposit and the DDAhad paid only Rs.50,059.00 and the balance of Rs. 49,941 .00 had not Been paid. This claim is considered by the Arbitrator under three paragraphs. Para (i) relates to an amount of Rs. 663.00 that was pressed into by the Contractor.

(3.) Para (ii) relates to an amount of Rs. 29,853.00 recorded from the security deposit by the DDA. The claim was that this sum recovered by the DDA without any notice and any justification. Before the Arbitrator a document was Filed which is Exhibit R-2, which is found in File No. 3 that is dated 6.1.1989 seeking to recover Rs. 29,853.00 from the Contractor with reference to some other work entrusted by the DDA to the Claimant. Clause 29 of the agreement provides thus :