D R SHARMA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE respondent/dda filed objections against award dated 24. 6. 1991 whereby the learned Arbitrator allowed some of the claims of the petitioner either fully or partly.

(2.) THE petitioner was awarded a contract for laying down sewerage line under re-development Scheme of Kingsway Camp. The date of start of work was 16. 12. 1984 and the stipulated date for completion of work was 15. 4. 1985. According to respondent/dda the work was much behind the schedule and was not completed by petitioner even by the end of 1986 with the result that DDA was constrained to rescind the contract vide its notice of decision dated 22. 1. 1987. The dispute was raised by the petitioner in respect of its claims which was referred to the Arbitrator in terms of clause 25 of the Agreement between the parties and the learned arbitrator passed the impugned award.

(3.) CLAIM No. 1 was made by the petitioner for a sum of Rs. 80,000/- due towards the final bill. The learned Arbitrator allowed an amount of Rs. 70,508. 47. Claim no. 2 for a sum of Rs. 5,00,000/- towards extra/substituted items was rejected by the learned Arbitrator. Claim no. 3 for a sum of Rs. 10,000/- towards amount withheld by the respondent/dda for not conducting Disc-test by the petitioner was allowed in full. Claims No. 4, 5 and 6 of the petitioner were rejected by the learned Arbitrator. Claim No. 7 for a sum of Rs. 2,00,000/- was made by the petitioner for damages. The learned Arbitrator awarded a sum of Rs. 1,83,993. 21. Claim No. 8 made by the claimant for increase in rates of bricks etc. was rejected. Claim No. 9 made by the petitioner for a sum of Rs. 15,000/- claiming that the respondent had failed to release the payment in time was allowed by the learned Arbitrator in full. Claims No. 10 and 11 made by the petitioner were rejected. Claim no. 12 was for pendent lite interest. The learned Arbitrator allowed 12% p. a. interest from date of award to the date of actual payment or upto the date of award being made a Rule of the Court.