ANANT RAJ AGENCIES Vs. D D A

JUDGEMENT

(1.) THIS order shall dispose of the objections filed by the DDA under Section 30 and 33 of the Arbitration Act, 1940 against the arbitral award dated 12. 09. 1996 in favour of the claimant/contractor for a total amount of rs. 10,63,438. 65p together with interest on Rs. 2,49,224. 56p at 12% per annum w. e. f. 1st March, 1992 till the date of award and at 16% per annum on the entire award amount from the date of award till payment.

(2.) THE record of the Arbitrator was requisitioned and the same has been made available to the court. I have gone through the arbitral award as well as the arbitration proceedings conducted before the learned Arbitrator.

(3.) THE respondent had awarded a contract to the petitioner for construction of 384 EWS houses in Block-C, Pkt. 6 to 8, Rohini, Delhi, vide agreement No. 6/ee/rpd-4/dda/85-86. The said contract between the parties contained an arbitration clause being clause No. 25 which provide for adjudication of the disputes under the contract between the parties through the process of arbitration. In terms of the contract the work awarded by the objector to the claimant was to be completed by 8. 07. 1986, however the work was not completed by the time specified in the contract and the time for construction was extended from time to time. The claimant had completed the construction at the site on 30. 08. 1991. After the work was completed certain disputes and differences arose between the parties regarding the alleged claims made by the claimant against the objector and those disputes were referred for arbitration to the Superintending Engineer (Arbitration of DDA ). The claimant/contractor had preferred four claims before the Arbitrator. The first claim was under under various heads whereas claims No. 2 and 3 were on account of interest and claim No. 4 was towards cost of the arbitration proceedings.