PURI AND ORS. Vs. INDIAN INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) These objections have been filed by the petitioner M/s Puri & Co. against the award dated 18.5.1994 of the arbitrator. The award pertained to the disputes between the parties which arose on the petitioner being awarded the additional work of construction of AIU Building, above the 4th Floor Level in the building portion including water supply and sanitary installation. The disputes which arose between the parties because of the arbitration clause were referred to the arbitration of Sh. V.R. Vaish sole arbitrator who has passed the award which is being challenged by the petitioner.

(2.) The counsel for the petitioner has challenged the award with respect to claim Nos. 1, 4 and 7.

(3.) The objections with regard to claim No. 1 pertains to the objection that according to the petitioner, a rebate of 2% on the contract price was not available in the subject agreement (which is a second agreement) since the rebate of 2% in the overall price was given only for the first contract if the offer of the objector was accepted in time. The issue, therefore, before the arbitrator was whether with respect to the subject contract, the respondent/Indian Institute of Technology was entitled to a rebate of 2% on the overall price of the contract. The arbitrator has in this regard specifically referred to the letter of award issued with respect to the subject contract on 18.01.2004 which contained clause No. 2 which ran as under: