LAWS(DLH)-1988-11-26

NARAIN DASS ISRANI Vs. DELHI DEVELOPMENT AUTHORITY

Decided On November 04, 1988
NARAIN DASS ISRANI Appellant
V/S
DELHI DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) THE respondent, Delhi Development Authority (the 'DDA') awarded a contract for construction of Govt. H.S. School for 960 students at Sadiq Nagar, New Delhi to petitioner (the 'Contractor'). THE agreement dt. 20.10.81 was entered into between DDA and the Contractor. Certain disputes arose between the parties and the same were referred to the sole arbitration of Sh. V.R. Vaish in terms of arbitration clause as contained in the agreement between the parties. THE arbitration clacse provides that in all cases where the amount of claim in dispute is Rs. 50,000.00 and above, the arbitrator will give reasons for the award. Sh. V.R Vaish made and published his awaed on 22.3.86

(2.) THE award and the proceedings have been filed in this Court. DDA has challenged the award by filing objections u/s 30, Arbitration Act, 1940. Following issue was framed:

(3.) FOR the reasons stated above the award dt. 22.3.86 in respect of Claim No. 11 is set aside and in respect of claim No. 5 is modified with the consent of the parties as indicated above. All other objections to the award are dismissed. Accordingly, I pass decree in terms of the award dt. 22.3.86 except for claim No. 11 and subject to modification of Claim No. 5. The Contractor will be entitled to interest at the rate of 10% from the date of the decree till payment.