RADICAL BUILDERS Vs. PHARMACEUTICAL EMPLOYEES CORPORATION

JUDGEMENT

(1.) The above suit has been registered upon the filing of the Supplementary Award dated 4th July, 2014 by the Sole Arbitrator before this Court under Section 14 of the Arbitration Act, 1940 (hereinafter referred to as the 'Act'). The I.A.No.21758/2015 is an application under Sections 30 and 33 of the Act challenging the Supplementary Award.

(2.) The disputes between the parties relate to the award of work for civil and sanitary works for construction of 300 multi storey flats at Plot no.88, I.P. Extension, Patparganj, New Delhi-11009 The dispute having arisen, the same were referred for adjudication through a Sole Arbitrator appointed by this Court vide order dated 19th October, 2006 passed on an application under Section 20 of the Act. The said arbitration proceedings resulted in an Arbitral Award dated 3rd July, 2009. The petitioner filed an application under Sections 14, 17 and 29 of the Act praying for the said Award to be made a rule of the Court and a decree be passed in terms thereof. This was numbered as CS(OS) No.1339/2009. This Court by its order dated 16th December, 2013 held that the reliance of the Sole Arbitrator on the letter dated 9th December, 1985 addressed by the petitioner to the respondent was ill-founded as the same was succeeded by the agreement dated 14th January, 1986 between the parties, clause 30 whereof expressly debars the petitioner from claiming any price variation due to increase in labour wages, cost of materials etc. or any other price variation due to any reason whatsoever.

(3.) This Court, considering the above facts, vide order dated 16th December, 2013, inter alia directed as under:-