SUNDER LAL KHATRI AND SONS Vs. DDA

JUDGEMENT

(1.) BY this order, I shall dispose of the objections raised by DDA against an award dated 28th September 1995 passed by the learned Arbitrator. The objections have been raised claim -wise, so I shall be dealing with these objections claim -wise.

(2.) CLAIM No. 1: The learned arbitrator has awarded a sum of Rs. 4,75,367.75 in favour of petitioner holding that the amount on the basis of a final bill of Rs. 9,21,362/ - of the work done prepared by the contractor minus the recoveries to be made by petitioner. The recoveries for the stipulated material to be done by DDA was held as Rs. 3,25,319.25 and for outstanding secured advance as Rs. 1,20,675/ -, thus DDA had to recover Rs. 4,45,994.25. The balance amount payable to the claimant has been held to be Rs. 4,75,367.75.

(3.) NO amended claim petition was filed by the claimant before the arbitrator. However, perusal of award would show that the claim No. 1 of Rs. 4 lac filed by the claimant was modified on a request sent for a claim of Rs. 6,25,000/ - by the claimant to the Engineer Member who referred the modified claim to the arbitrator vide letter dated 24th March 1992. The present arbitrator was appointed on 17th March 1992 and the previous arbitrator was appointed in March 1985. From 1985 till 1992, the contractor had not asked for any modification of his claim, but suddenly the claim made by the contractor started swelling. There are no reasons assigned anywhere either in the award or in the pleadings or in the statement of claim as to on what basis, the initial claim of Rs. 4 lac stood modified to Rs. 6,25,000/ -.