J S CONSTRUCTION Vs. DDA

JUDGEMENT

(1.) THIS appeal challenges the judgment of the learned Single Judge dated 9. 11. 2001 whereby the learned Single Judge set aside two claims allowed by the arbitrator in the Award dated 29. 12. 1994 in the proceedings for making the award a rule of the court and objections filed with respect thereto.

(2.) THE first plea raised by the learned counsel for the appellant is that the height of plaster was more than 10 meters and accordingly the appellant was entitled to be paid extra. The learned Single Judge extracted the relevant clause 3. 15 which reads as under: "rates quoted by the contractor shall hold for work at all heights/depths. The contractor shall not be paid any thing extra for maintaining in good condition all the work executed till completion of the entire work; nor on account of damage to the works caused by rains or other natural phenomena during the execution of works. " the learned Single Judge thereafter went on to say that clause 3. 15 clearly stipulated that the rates quoted by the contractor shall hold for work at all heights and depths. In view of the clear language of this clause we hold that this claim cannot be entertained as clause 3. 15 is a clear bar in respect of this claim.

(3.) THE other plea raised before the learned Single Judge by the appellant was in respect of the claim pertaining to straightening and cutting of steel bars. The learned counsel for the respondent however states that issue is fully covered by the judgment dated 1. 4. 2009 of the Division Bench of this Court in FAO (OS) 121/2006 titled M/s Pt. Munshi Ram and Associates (P) Ltd. vs. Delhi development Authority, wherein a Division Bench of this Court, in which one of us (Mukul Mudgal, J) was a member, has, we affirmed the view taken by the learned Single Judge in Narain Das R. Israni vs. Delhi Development Authority 126 (2006) DLT 10 which in turn affirmed the view taken by the learned Single judge in M/s. Wee Aar Constructive Builders, 2001 (IV) AD (Delhi) 65. The following observations in Narain Das's case are opposite :-