A.R. KHANNA & SONS Vs. DTC

JUDGEMENT

(1.) BY way of the present order, this Court proposes to dispose of the objections filed by the respondent DTC to the award dated 30.11.1993, passed by Sh.Swami Dial, Sole Arbitrator, Chief Engineer, CPWD (Retd.).

(2.) BRIEFLY stated, the facts of the case are that an agreement was entered into between the petitioner contractor and the respondent DTC on 10.8.1983, for construction of Wazirpur Depot-II, Delhi at an estimated cost of Rs. 11,51,333/- plus 93.90% above DSR 1977 i.e. at a total cost of Rs. 22,32,434.69paise. The stipulated date for the start of the work was 29.7.1983 and the stipulated date for completion of the contract was 28.1.1984. The time for completion was extended upto 30.9.1984 and the work was actually completed on 16.10.1984. Thereafter, as disputes and differences arose between the parties at the time of submission of final bill, the petitioner contractor invoked the arbitration clause governing the parties and raised certain claims. The respondent DTC appointed Dr.P.S. Rana as a sole Arbitrator to adjudicate the claims and counter claims of the parties and complete the arbitration proceedings with a direction that the award should be a speaking award. As the petitioner contractor raised an objection to the appointment of the aforesaid Arbitrator, he approached this Court by filing a petition for appointment of any other Arbitrator, which was disposed of vide order dated 16.5.1989, and Sh.Swami Dial was appointed as a sole Arbitrator to adjudicate the disputes between the parties with the direction that the said Arbitrator shall give a speaking award.

(3.) COUNSEL for the respondent DTC assails the findings given by the learned Arbitrator in respect of claims no.1, 3 and 5. Under claim no.1, the petitioner contractor claimed a sum of Rs. 14 lakhs on account of balance payment which was still recoverable by it from the respondent DTC. Claim no.3 was raised on account of increase in rates as damages for the work executed after the expiry of the stipulated date of completion of work and claim no.5 was on account of reimbursement of statutory hike under clause 10 (c) of the contract.