JEET SINGH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) DDA/respondent has filed objections against award dated 3. 12. 1994 whereby the learned Arbitrator allowed some and disallowed some of the claims and counter claims. Objections have been filed claim-wise. They are being dealt with claim-wise.

(2.) CLAIM No. 1 was raised by the petitioner for a sum of Rs. 22,059. 61 on account of part rates and claim no. 10 was raised for Rs. 10,000/- on account of balance payment. The Arbitrator considered both these claims together. The respondent during the arbitration proceedings submitted a second running bill and final bill and admitted that an amount of Rs. 15,990/- was payable under these bills to the petitioner however, this admission was made subject to admissibility of counter claim of DDA. The Arbitrator awarded Rs. 15,990/- on the basis of this admission.

(3.) CLAIM no. 2 was on account of penal rate recovery of cement, made by the claimant for a sum of Rs. 6,105/ -. The respondent admitted refund of Rs. 4537. 50 and disputed amount of Rs. 1567. 50. The learned Arbitrator observed that by virtue of clause 42 of the agreement, the recovery could not be enforced unless the DDA/respondent established loss suffered by it.