C LYALL AND CO Vs. UNION OF INDIA

JUDGEMENT

(1.) -

(2.) THE petitioner (for short 'contractor') executed the work of strengthening of existing runway and construction of Taxi track and Apron at Bakshi-ka-Talab (Lucknow) pursuant to agreement No. 2/EE of 1962-63. As some disputes arose out of the said contract Mr. N. K. Aggarwal, respondent No. 2 was appointed as an arbitrator. THE arbitrator made and published his award on 2nd February, 1971 awarding a sum of Rs. 7,12,459.97 to the contractor. THE award and proceedings were filed in this Court and respondent No. I has filed objections challenging the award in respect of claims No. 2(i) to (v), ll(a) and (b) and 15 to the extent of Rs. 5,78,624.96 particulars whereof are as under:- <FRM>JUDGEMENT_352_ILR(DEL)2_1988Html1.htm</FRM>

(3.) THE claim petition filed before the arbitrator also shows that claim under this item was under clause 12 of the agreement. It ha.s been stated in the statement of claim that, "the rates of the extra items have not been determined as per the terms of the contract as under the terms of the contract clause 12 of the agreement we had to inform the rate of the extra items within 7 days of the receipt of the order to carry out the work and we did accordingly in our various letters which are mentioned below along with the analysis, so these rates arc not acceptable to us and should be revised as demanded in our letter as referred below in each item."