MCD Vs. ANIL GUPTA AND ORS

JUDGEMENT

(1.) The present petition under Section 34 has been preferred challenging the award dated 1st April, 2011 passed by the Learned Sole Arbitrator who is a retired Chief Engineer of Municipal Corporation of Delhi (hereinafter "MCD").

(2.) The construction contract relates to the zonal building of the MCD in Narela, which was originally awarded to one M/s Satish Chander Ramesh Kumar in the year 1998. The said contractor had not completed the work and only the basement had been constructed by him. The remaining work was awarded to the Respondent on 28th August, 2004. The value of the contract was Rs.4,29,00,830/-. The date of commencement of the work and the date of completion as per the agreement were 3 rd September, 2004 and 4th September, 2006 respectively. The actual date of completion however was 3rd September, 2007 i.e. with a delay of one year.

(3.) The constructed building was handed over to the MCD and payments were demanded. However, since the entire payment was not made by the MCD and even the escalation, watch and ward expenses, etc. were not paid to the contractor, the contractor invoked the arbitration clause on 6th July, 2008.