DELHI DEVELOPMENT AUTHORITY Vs. AMITA NAND AGGARWAL ASSOCIATES

JUDGEMENT

(1.) THIS petition has been filed by the petitioner under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') challenging the Award dated 16th October, 2006.

(2.) THE undisputed facts between the parties are that the tenders for the subject work were submitted on 21.12.1989 and the work was awarded to the respondent by the petitioner vide letter dated 16.03.1990 with the awarded value of the work of Rs. 85,79,315/ -, which was 64.64% gross without deduction of rebates for timely payments and 64.34% net above after adjustment of rebates on the estimated cost of Rs. 52,20,467/ -. The estimated cost was based on Delhi Schedule of Rates, 1985. The stipulated period of completion was six months to be reckoned after 10th day from the date of acceptance of the tender as per award letter. Thus, the stipulated date of start of the work was 26.03.1990. Undisputedly, the work was not completed within the stipulated period of six months upto 25.09.1990 and work prolonged beyond about six months upto 30.06.1993 for further period of about 33 months. The recorded date of completion is 30.06.1993.

(3.) HOWEVER , final bill on measurement books of the petitioner, as prepared and proposed by the petitioner was accepted and signed under protest by the respondent on 03.12.1996 and 09.12.1996 before receiving the cheque. After signing the measurements and bill under protest on 03.12.1996, the respondent vide letter dated 04.12.1996 informed the petitioner about the balance payments not included in the final bill of the petitioner. The respondent again vide letter dated 18.12.1996 requested the petitioner to make the balance payment within 30 days.