DELHI DEVELOPMENT AUTHORITY Vs. HARGOVIND JAGGI

JUDGEMENT

(1.) THIS appeal is directed against the order of the learned single Judge dismissing the objections of the appellant to the award of the Arbitrator and making the award a rule of the Court.

(2.) THE award of the Arbitrator was published on 21st February, 1990. Objections were filed by the appellant with regard to claims No. 1,2,3,7,8 and additional claim No. 1. The present appeal is confined only to the objections in respect of claims No. 2 and 3.

(3.) CLAIM No. 2 was made by the respondent for a sum of Rs. 10,197. 50 deducted by the appellant for late supply of cement. The Arbitrator has held that the recovery made by the appellant for late supply of cement is in the form of penalty and that the appellant has failed to establish that any loss has been caused to it for which such penalty could be imposed. The Arbitrator has come to the conclusion on facts that the appellant has failed to establish any loss having been incurred by it. He held that no such recovery could be made from the respondent. This finding of the Arbitrator is essentially a finding of fact arrived at on appreciation of evidence and this Court cannot sit on appeal on such finding of fact.