SUBHASH CHAND VERMA Vs. NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) BY this order the Court proposes to dispose of the objections filed by the objector contractor to the award dated 15.5.1996, passed by Dr. S.R. Nigam, sole Arbitrator.

(2.) BRIEFLY stated, the facts of the case are that the respondent NDMC invited tenders for the work of construction of 32 shops near Palika Kendra, New Delhi. Pursuant to negotiations, the offer of the objector contractor was found to be lowest and he was awarded the contract in terms of the Agreement No. EE(n)/AB/39 of 1988-89. The work was to commence from 29.5.1988 but it actually started on 8.6.1988 and the stipulated date of completion of work was 28.9.1988.

(3.) DISPUTES and differences arose between the parties, particularly, in respect of the measurement of the work done. The objector contractor raised six claims against the respondent NDMC excluding the payment of interest. The respondent NDMC denied its liability to pay the amount to the objector contractor, who in turn filed a petition dated 25.5.1989 under Section 20 of the Arbitration Act, 1940 (in short 'the Act?), registered as Suit No. 1423/1989, seeking appointment of an Arbitrator. In the said proceedings, vide order dated 17.1.1990, Sh. B.S. Singla, Executive Engineer (WSS), Palika Kendra, New Delhi was appointed as a Local Commissioner to carry out measurements at the site and file his report. The Local Commissioner executed the commission and vide order dated 19.4.1993, the petition filed by the objector contractor was disposed of by directing the Administrator, NDMC to appoint an Arbitrator within one week from the date of the order. Liberty was also given to the NDMC to file its counter claim before the Arbitrator.