LAWS(DLH)-2009-7-468

D.D.A. Vs. KOCHAR CONSTRUCTION WORKS

Decided On July 16, 2009
D.D.A. Appellant
V/S
Kochar Construction Works Respondents

JUDGEMENT

(1.) THIS appeal challenges the judgment dated 16th December, 1999 passed by the learned Single Judge. During the course of the hearing, we found that on all claims except claim No. 8, the learned Single Judge had affirmed the factual findings of the Arbitrator. The counsel for the appellants has also very fairly stated that he was limiting his challenge to the findings on claim No. 8.

(2.) THUS , the only issue in this appeal is with regard to claim No. 8 by seeking recourse to clause 10 and general clause 1 of Specifications and Conditions of the said contract which read as under:

(3.) MR . Rajappan, learned Counsel appearing on behalf of the respondent has stated that the delay was not only on account of grounds covered under the aforementioned clauses but it was also on account of delay in supply of structural drawings and other grounds which were not covered by either of the two clauses i.e. clause 10 and general clause 1 referred to above.