DSA ENGINEERS Vs. HOUSING & URBAN DEELOPMENT

JUDGEMENT

(1.) THE present appeal has been filed under Section 37 of the Arbitration and Conciliation Act, 1996 read with Section 10 of the Delhi High Court Act against the judgment dated 21st April, 2004 in OMP No. 367 of 2001 whereby the Award passed by the Arbitral Tribunal with regard to Appellant's Claims 2A and 5 has been set aside.

(2.) THE relevant facts of this case are that the Appellant was awarded a contract by the Respondent Corporation for external services (plumbing) under agreement dated 10th June, 1992. The agreement was to be effective from 3rd April, 1992 that means from the date of award of the work and was to be completed within 130 days i.e. by 9th August, 1992. It is the Appellant's case that due to various reasons solely attributable to the Respondent like delay in providing drawings, delayed decisions, hindrances at site and delay in payments of bills, the contract was completed only on 12th December, 1995. Since the disputes arose between the parties, the matter was referred to arbitration and by unanimous Award dated 30th June, 2001 the Arbitrator awarded a sum of Rs. 34 Lakhs along with the interest to the Appellant.

(3.) THE relevant portion of the judgment passed by the learned Single Judge is reproduced hereinbelow for ready reference :-