SANDEEP COOPERATIVE SOCIETY Vs. MANOHAR SINGH

JUDGEMENT

(1.) IN this proceeding under Section 34 of the Arbitration and conciliation Act, 1996 (hereafter "the Act") the award of a sole arbitrator, dated 10th November, 2006 has been challenged, by the petitioner, a co-operative society (hereafter called "the society" ).

(2.) THE facts necessary for purposes of this judgment are that the respondent was awarded the work of construction of 218 residential flats by the society. The total consideration agreed was Rs. 671,28,677/- (Rupees six crores, seventy one lakh twenty eight thousand, six seventy seven only ). The award of works by the society, pursuant to tender notice, was communicated to the respondent on 3rd January 1991. The parties entered into an agreement, on 6-7-1991. Some relevant conditions arid stipulations agreed upon by the parties, in the agreement, (in which the society was described as the employer, and the respondent, as the contractor) are extracted below:

(3.) THE Notice Inviting Tender (NIT) and the agreement, forming part of it, contained identical conditions which show that the contract was governed by item rate, tender and contract of the Central Public Works department (CPWD), with these amendments: