DELHI DEVELOPMENT AUTHORITY Vs. U KASHYAP

JUDGEMENT

(1.) This appeal by Delhi Development Authority is directed against the judgment dated April 29, 1994 of the learned Single Judge dismissing the objections filed by it to claim no.11 and making the award the rule of the court also in respect of that claim.

(2.) Indisputably, work "C/O 256 LIG DU'S (New Pattern) at Dilshad Garden, Pocket - G, Zone E- 16, Delhi" was awarded by the appellant to U. Kashyap, respondent, and agreement no. 390/EE/HD 15/DDA/84-85 also containing arbitration clause was executed between the parties. On dispute having arisen, R.J. Bakhru, Chief Engineer, C.P.W.D. (Retd.), was appointed as the sole arbitrator by Engineer Member of the appellant-Authority vide letter no. EM.2/133/88 Arbn./7457 -61 dated April 25, 190 to adjudicate upon the claims of the respondent. Respondent filed the claim statement containing 16 claims. Appellant filed counter statement of facts repudiating those claims. Arbitrator made and published the award on January 30, 1991.

(3.) Respondent thereafter filed application under Section 14 & 17 of the Arbitration Act, 1940 seeking direction to the arbitrator to file the award in court and to make the same the rule of the court. In response to the notice of the filing of the award, appellant filed objection being I.A.No. 505/91 only against three claims, namely claim nos. 1, 11 & 14. By the judgment under appeal objections in respect of claim nos.1 & 11 were dismissed while claim no.14 was remitted back to the arbitrator for decision afresh and the award was made the rule of the court except on claim no.14.