SHERPAL SINGH Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) BOTH suits were filed under Section 14 and 17 of the Arbitration Act, 1940 with respect to the same arbitral award. Upon the arbitral award being filed in cs (OS) No. 206a/1989, objections under Sections 30and33 of the 1940 Act have been preferred by the DTC to the arbitral award. The said objections are for consideration.

(2.) AN agreement dated 7th March, 1984 was entered into between M/s Rajora builders with the DTC pursuant to the acceptance of the bid of the said M/s rajora Builders, for the work of construction of Bodella Depot of the DTC. Disputes and differences having arisen out of the said contract, M/s Rajora builders applied for reference thereof to arbitration. Upon failure of the DTC to appoint an arbitrator, this court was approached under Section 20 of the 1940 15 Act. However, the DTC thereafter on 1st May, 1986 appointed Mr. N. L. Kakkar, District Judge (Retd.)as the arbitrator.

(3.) M/s Rajora Builders preferred seven claims for a total sum of approximately over Rs. 25/- lacs besides interest against the DTC. The DTC admitted a sum of rs. 68,978. 39 to be due to the said M/s Rajora Builders but claimed rs. 3,25,803/- to be due to it by way of penalty from the said M/s Rajora builders and after adjusting Rs. 68,978. 39 therefrom claimed a sum of rs. 2,56,824/- to be due to it from the said M/s Rajora Builders. DTC besides the said claim, during the course of proceedings filed counter claim for a total sum of Rs. 21,80,103. 58 inclusive of the aforesaid sum of Rs. 3,25,803/-besides interest, against M/s Rajora Builders.