N.D.R. ISRANI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) BY this judgment, I propose to dispose of the objections under Sections 30 and 33 of the Arbitration Act, 1940 filed on 9th July, 1998 by the Delhi Development Authority to the award dated 6th February, 1998 made and published by Shri V.D. Tiwari, Sole Arbitrator.

(2.) THE petitioner had been awarded the work of construction of 1296 MIG Houses at Trilokpuri, SH; c/o 352 MIG Houses including internal development in Group IV, Trilokpuri. The parties entered into an agreement bearing No. 4/DD -VII -82 -83. The stipulated date of completion of the work was 4th June, 1983. The contractor was granted six months extension of time to complete the contract under Clause 10(C) of the contract between the parties and thus was required to complete the work by 4th December, 1983. The admitted date of actual completion of the work was 29th November, 1984 that is after a delay of HVi months. Disputes arose between the parties and the petitioner invoked the provisions of the arbitration clause between them. Pursuant thereto, Shri V.D. Tiwari, Chief Engineer (Retired) was appointed as the sole arbitrator. The arbitrator made and published his award on 6th February, 1998 which has been assailed by the Delhi Development Authority by way of the objections under Sections 30 and 33 of the Arbitration Act, 1940.

(3.) IN : AIR1999SC3627 -Rajasthan State Mines and Minerals Limited v. Eastern Engineering Enterprises and Anr. it was held that if the arbitrator decides a dispute which is beyond the scope of his reference or beyond the subject matter of the reference or makes an award, disregarding the terms of reference or the arbitration agreement or terms of the contract, it would be a jurisdictional error beyond the scope of reference and that the arbitrator cannot throw himself to decide conclusively that dispute as it is an error of jurisdiction.