GOVT OF NCT OF DELHI Vs. GARG BUILDERS

JUDGEMENT

(1.) This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as to the 'Act') has been filed by the petitioner challenging the Arbitral Award dated 9th March, 2015 passed by the Sole Arbitrator adjudicating the disputes that had arisen between the parties in relation to the Work Order dated 25th February, 2003 awarding the work of "Excavation of supplementary Drain up to DBL between RD 22580 to RD 23218m including lining with hydraulically pressed CC titles of size 300 x 300 x 50 mm on both side slopes of the drain."

(2.) The disputes having arisen between the parties, the same had been referred for adjudication to the Sole Arbitrator and resulted in an Arbitral Award dated 23rd July, 2010. The said Award was challenged by the petitioner before this Court by way of a petition under Section 34 of the Act being OMP No.588/2010. This Court by its judgment dated 9th October, 2013 partly allowed the said petition. The final direction issued by this Court is reproduced hereinunder:-

(3.) As far as claim no.5 raised by the respondent is concerned, this Court in its judgment set aside the Award holding that the Arbitrator has relied upon Ex.C-75 filed by the respondent as gospel truth of the quantities claimed by the respondent of the rubbish and garbage removed by him. Similarly, for claim nos. 6, 7 and 8, this Court found that the Arbitrator had based his award on Ex.C-76, C-77, C-78 filed by the respondent, which were mere charts of calculations of the claimed amount without any supporting documents. The Court also found that the figures taken in these charts were not matching with the documents on record and the Arbitrator had arbitrarily reduced these figures and taken different figures for awarding the claims of the respondent. The relevant findings of the Court are extracted herein below:-