SANYUKT NIRMATA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE Delhi Development Authority (DDA) defendant in the suit has objected to findings in the award of a sole Arbitrator dated 6th May, 1994. The plaintiff (hereafter called "the Contractor") sought reference of disputes which in terms of Clause 25 of the agreement between the parties, to the sole arbitration of Mr. S. C. Kaushal, a Superintending Engineer of the DDA.

(2.) THE brief facts of the case are that the contractor tendered for construction of 1200 MIG house at pocket GH-14, Zone G-17, Paschim Vihar and was awarded the contract for construction for 224 of such units. The estimated cost as per tender was Rs. 94,07,354/-, the contractor had tendered at 54. 75% above on DSR rate in 1981. In terms of the agreement, the work was to commence on 12. 5. 1985 and had to be completed by 12. 08. 1986. It was, however, completed on 11. 05. 1988. It is not disputed the DDA extended the time for completion of the works and also did not levy compensation under Clause 2.

(3.) THE contractor had preferred five claims which included numerous sub-heads. The Arbitrator after considering pleadings and materials on record partly allowed many such claims. The DDA did not counter claims. The arbitrator granted pre-suit pendentelite interest @ 16% per annum till date of payment.