DELHI DEVELOPMENT AUTHORITY Vs. SANYUKT NIRMATA & ANR

JUDGEMENT

(1.) The present Section 34 petition has been filed challenging the award dated 22nd November, 2004 passed by the Learned Sole Arbitrator.

(2.) The Respondent/Contractor was awarded the work: "C/O 480 Cat. II & III S.F.S. houses at Shalimar Bagh Block "B" Pocket "W".SH: C/O 208 SFS houses. (Balance work)". The estimated cost of the project was Rs.89,93,538/-. Tender was called for the said work and vide agreement dated 10th April, 1987, Sanyukt Nirmata - the contractor was awarded the works. The time allowed for completion was twelve months. The rates that were to be awarded were to be based on Delhi Schedule of Rates -1977 (hereinafter "DSR-1977). The tender amount was Rs.2,24,38,877/-. Disputes arose between the parties and the disputes were referred to a Sole Arbitrator.

(3.) Various claims were made by the contractor being claims 1 to 5. Within claims 2, 3 and 4, there were multiple sub-claims. Claim 5 related to interest. The Ld. Arbitrator held in favour of the Contractor and awarded various sums under different heads. In the present petition, the objections of the DDA are restricted to claims 4(a)2, 4(a)3, 4(a)6 and interest. The DDA however raises the following 3 preliminary objections: