ANANT RAJ AGENCIES Vs. D D A

JUDGEMENT

(1.) PRESENT petition has been filed under Sections 30 and 33 of Arbitration Act, 1940 (hereinafter referred to as "act, 1940") raising objections to the Award dated 13th November, 1998 made and published by Mr. L. R. Pahwa, sole arbitrator. By way of this petition, objector-respondent has challenged the said Arbitrators Award in respect to the rejection of the following deductions in the final bill i. e. :- i) Rs. 1,08,179. 06 on account of reduction items; ii)Rs. 30,000/- for not providing fittings; iii) Recovery of Rs. 53,305/- for non-provision of door-shutters;

(2.) THE petitioner has also challenged items No. 3. 5 (a) and 3. 5 (c) relating to sanctioning and shuttering of suspended floors. The petitioner has also challenged item 3. 6 for omitting RCC work, item 3. 7 (a) and (b) for reinforcement of RCC work, item 6. 1 for providing and fixing T-iron frames for doors and windows and item 6. 2 for providing and fixing MS grill in steel windows. It has challenged extra and substituted items to the tune of Rs. 10,944. 26/-, items 23 for making grooves and plaster, item 24 for chequers in the trades of the staircase and item 25 for cutting holes upto 15 cms x 15 cms.

(3.) THE challenge has also been made in respect to Item No. 30 under the head of extra and Substituted Items of the final bill wherein the Arbitrator had awarded an amount of Rs. 1,85,370/- on account of the expenses incurred for straightening and cutting. The challenge has also been made in respect to Item no. 2 under the Sub-Head III other payments due of Claim No. 1 wherein the arbitrator had awarded a sum of Rs. 19,91,978/- on account of increase in prices of building materials and other expenses. The petitioner has also challenged Item no. 3 on infructuous expenditure on account of labour watch and ward staff and staff maintenance. The challenge has also been made in regard to the grant of interest for pre-reference, pendent elite and future periods @ 18% per annum.