EN VEEKA CONSTRUCTION CO Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) . Disputes and differences having arisen between the parties in respect of the work contract awarded by respondent No.1 to the petitioner, the said disputes were referred to the sole arbitration of respondent No.2. The arbitrator after perusing the evidence and upon hearing the parties passed an award on 31st August, 1985 as against which objections have been filed by both the parties. The petitioner has filed objections in respect of the findings of the arbitrator as against claim Nos. 1,2,6,7 and 8, whereas the respondent has also filed an objection, which was registered as I.A.No.7303/96 as against the award of the arbitrator in respect of claim Nos. 3,4,5, 8,11,12,15 and 16. Preliminary objection is also raised by the respondent that the entire claim of the petitioner was barred by limitation. The said issue was also raised before the arbitrator, who on appreciation of evidence, held that the claims of the petitioner were not barred by limitation.

(2.) . I have heard the learned counsel appearing for the petitioner as also the learned counsel appearing for the respondent No.1 on both the objections as also on the preliminary issue raised in the present case.

(3.) . Counsel for respondent No.1 submitted that the petitioner raised its claims and invoked the arbitration clause only on 17th July, 1993 whereas the final bill was ready for payment on 17th April, 1993 and thus, the claim of the petitioner is beyond the period of 90 days as laid down in clause 25 of the contract and is accordingly barred by limitati.