RAMESH CHANDRA GUPTA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) BY this judgment I propose to dispose of the IA Nos. 8297 and 8299/1995 in Suit No. 652-A/2005 and Suit No. 653a/2005

(2.) THE plaintiff entered into an agreement with the Delhi Development authority for the re-development scheme of the Kingsway Camp SH;c/ocfc at gopalpur. The parties entered into an agreement bearing no. 1/ee/nd-3/89/90 dated 11th April, 1989. As disputes arose between the parties, the plaintiff shri Ramesh Chandra Gupta invoked dispute redressal by arbitration pursuant to the arbitration agreement contained in clause 25 of the agreement between the parties. The Engineer Member of the DDA appointed a Superintending Engineer (Arbitration) II, DDA as the sole arbitrator by the letter dated 15th September, 1993. The claimants filed their statement of facts and claims dated 29th december, 1993 to which the respondents responded with their counter statement of facts by the communication of 31st March, 1994. Thereafter, upon consideration of the facts and material brought on record, the learned arbitrator made and published his award dated 26th July, 1995.

(3.) THE undisputed facts of the case brought on record before the arbitrator were that the estimated cost of the project was Rs. 6,30,493/- while the tender of the plaintiff was to the tune of Rs. 9,43,154/ -. As per the schedule, the work was to start on 21st April, 1989 while it was to be completed by the 20th September, 1989. The admitted position is that the work was actually completed on the 11th April, 1991.