PURI AND CO Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The Arbitrator rendered his award on May 15,1992. The respondent filed objections to the same. Learned Counsel appearing for the respondent submits that the award of the Arbitrator in respect of Claim No. 1 does not disclose the calculations on the basis of which he has arrived at the conclusion that the petitioner was entitled to a sum of Rs. 18,981/. I have persued the reasons given by the Arbitrator. As per award, the petitioner executed earth filing work to the extent of 4,424.20 cubic metres though the petitioner claims that it had executed earth filling work only to the extent of 3,779.90 cubic metres. The Arbitrator has given following reasons for arriving at the above conclusions:

(2.) As is apparent from the above, the Arbitrator has arrived at the aforesaid conclusion on the basis of the abovesaid reasons. The reasons of the Arbitrator cannot be found fault with. The Arbitrator after coming to the conclusion that the petitioner had done earth filling work to the tune of 4,24.20 cubic metres, awarded a sum of Rs. 18,961.00 . Learned Counsel for the respondent submits that the Arbitrator has not explained as to how he has arrived at the abovesaid figure of Rs. 18,961.00 . On the other hand, learned Counsel for the petitioner submits that the Arbitrator calculated this amount on the basis of Schuedule of Quantity' incorporated in the agreement. As per the 'Schedule of Quantity', the petitioner would be entitled to Rs. 13.57 per cubic metre of earth filling. As per the contract, rate of 40% above the rate indicated in the Schedule of Quantity' is to be applied while calculating the amount due to the petitioner under the final bill. Applying the above rate the Arbitrator ought to have awarded a sum of Rs. 12,241.70. It appears that there has been a typographical error in mentioning the abovesaid figure of Rs. 18,961 .00 . Accordingly, I modify the award under Section 15 of the Arbitrator Act and instead of Rs. 18,961.00 I hold the petitioner to be entitled to a sum of Rs. 12,241.70.

(3.) Insofar as the award of the Arbitrator in respect of other claims is concerned, I do not any error apparent on the face of award.