SHRI VASUDEV Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) By this order I shall dispose of objections made by the DDA under Ss. 30 and 33 of the Arbitration Act against an Award of the Sole Arbitrator, Sh.R.C. Malhotra, dated 29th June, 1992.

(2.) The brief facts relevant for the purpose of deciding these objections are that the contractor, Mr. Vasudev, was awarded a civil contract for construction of sewerage at Hudson Lines, Kingsway Camp vide an agreement dated 30th September, 1987. The work was to be completed by 4th July, 1988. However, the work did not complete by the stipulated time and the DDA rescinded the contract vide letter dated 23rd February, 1991. The contractor raised a dispute and sought reference of his claims to the Arbitrator. In all 28 claims were raised by the contractor and were referred to the Arbitrator. The DDA also raised counter claims and the Award deals with these claims and counter claims. The objections against the Award have been filed claim wise so they are being dealt with claim wise.

(3.) Under claim No .1, the claimant claimed a sum of Rs. 99,785/ - on account of refund of security deposit. The Arbitrator upheld the claim to the tune of Rs.90,000/ -holding that rescission of the contract on 23rd February, 1991 was unjust and wrongful and forfeiture of security was, therefore, unjust. The Arbitrator has given reasons and referred to the various correspondences between the parties. On the other hand, no ground is made out by the respondent/DDA to set aside Award of this claim. This Court cannot act as a court of appeal hearing arguments on merits of the decision. The Arbitrator's decision is based on evidence and, therefore, has to be respected.