PURI AND CO Vs. INDIAN INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) In this suit, the claimaint/objector (hereafter referred to as the plaintiff) challenges the award dated 20.7.1987 of a sole arbitrator appointed by the parties, to adjudicate their inter se disputes.

(2.) The plaintiff was awarded the work of construction of a building for the Association of Indian Universities, at 16 Kotla Road, New Delhi which included the building portion, Water supply, Sanitary installation and Drainage. The works were awarded by the defendant/Indian Institute of Technology (hereafter called 'IIT'). Clause 25 of the agreement enjoined the parties to refer inter se disputes to arbitration. The plaintiff raised certain demands which were referred to the arbitration of Prof. N.M. Swani, a Director of the IIT. He entered upon reference on 11.11.1986. After considering materials on record and the rival pleadings, the arbitrator published his award on 20.7.1987. As against 20 claims of the plaintiff, the arbitrator awarded six claims and partially allowed one claim. He directed payment of 12% per annum simple interest to the claimant. The IIT, respondent in the arbitration proceedings had counter claimed on six heads which were rejected.

(3.) In these proceedings, during the course of hearing arguments were addressed on the findings of the arbitrator in respect of claim No.1, claim No.2 and claim Nos. 15 and 16.