D.D.A. Vs. BASSI BUILDERS

JUDGEMENT

(1.) This is an appeal challenging the order of the Learned Single Judge dated 10.11.2005. By the said judgment the Learned Single Judge affirmed the award made by the Arbitrator dated 05.10.2002 and dismissed the objections preferred by the Appellant, except that the rate of interest on the awarded amount was reduced from 18 per cent per annum to 12% per annum.

(2.) The Respondent was awarded the contract for construction of houses by the Appellant at Kishangarh in terms of agreement No. 13/HD -XXI/A/82 -83. The work was completed by the Respondent, but disputes arose in respect of the amount payable to the Respondent which were referred to the arbitration in terms of Clause 25 of the agreement. The Engineer member -DDA appointed Sh. A.P. Paracer as the Sole Arbitrator in terms of letter dated 27.04.1987 who rendered his award allowing the claims of the Respondent to the extent mentioned in the award. The Appellant being aggrieved by the said award filed his objections.

(3.) Before us the pleas of the Appellant centered around Claim No. 4 and pertain to the averment that the Arbitrator awarded damages upto the period 15.01.1988, whereas the work was completed earlier in June, 1984. This apprehension of the Appellant is based on the following extract from the award: