MICRO COMPUTER SERVICES Vs. DIRECTORATE OF EDUCATION

JUDGEMENT

(1.) The above OMPs arise out of award dated 29th August, 2011 by which M/s. Micro Computer Services (hereinafter 'Micro Computers') was awarded a sum of Rs.1,01,74,428.40/- to be paid by the Directorate of Education, Government of NCT of Delhi (hereinafter, 'Government of NCT of Delhi'), within a period of 60 days. Micro Computers has filed the present OMP 943/2011 seeking modification of the award to the extent that it be awarded past and pendente lite interest @24% p.a. from 1st April, 2004. The Government of NCT of Delhi has filed OMP 54/2012 seeking setting aside/ quashing of the impugned award dated 29th August, 2011.

(2.) M/S. Micro Computer Services was awarded a contract dated 10th January, 2002 under the Computer Education Programme-II of the Government of NCT of Delhi. The total amount payable under the said agreement was Rs.15,96,000/- per single shift school, which were 13 in number and Rs.20,73,000/- for a double shift school, which were 11 in number. Thus, a total of 24 schools were covered by the agreement. 15% of the total contract value was to be paid upfront at the time of entering into the contract. The balance 85% amount payable was to be paid in seven half yearly instalments, as per the contract. Each half yearly instalment was Rs.52,88,336/-.

(3.) The contract was valid till 31st March, 2005. Disputes arose between the parties as there were short payments by the Government. The matter was referred to a Sole Arbitrator by this Court. The learned Sole Arbitrator framed the following issues for consideration on 6th September, 2010: -