DDA Vs. MOHAN CONSTRUCTION

JUDGEMENT

(1.) THIS appeal arises from a judgment of the learned Single Judge dated 21st May, 1997 affirming the award of the arbitrator dated 7th November, 1987.

(2.) THE appeal relates only to a claim which is for a sum of Rs. 60,224/ - arising out of Claim No. 12 for providing brass stays and handles in steel windows. The Contractor's claim was based on the premise that the contract did not stipulate the provisions of the brass stays and handles and since the Contractor was required to put the brass stays and handles, the claim, therefore, was made.

(3.) HAVING perused the Award, we find that this plea was not raised before the learned Arbitrator and the same was not even taken up in the objections preferred against the Award. This could not be refuted by the learned Counsel for the appellant.