SUKUMAR CHAND JAIN Vs. DDA

JUDGEMENT

(1.) All three appeals impugn separate orders passed by the learned Single judge on applications filed by the respondents under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter, "the Act"). The common strain in all the appeals is that since the respondents/contractors had accepted the final bills without protest, their claims could not have been entertained. The awards granted in favour of such respondent/claimants (hereafter collectively "claimants", "contractors" or by their names, i.e. "Sukumar, "GSC" and "Kuber").

(2.) The correctness of the learned single judge's order and judgement, in OMP 399/ 2007 preferred by the respondent Delhi Development Authority (hereafter referred as "DDA") under Section 34 of the Act is questioned in this appeal. DDA had challenged an award dated 15.12.2006 of the sole arbitrator in the disputes between it (DDA) and claimant, Sukumar. The claimant was awarded the work of construction of 8314 houses in Sector- XV, Rohini, Delhi, SH & Construction of 252 LIG houses in Pocket Nos. 6 & 7, Block- G, Sector XV, Rohini, Delhi by DDA by letter dated 16.12.1985. An agreement bearing No. 15/EE/RPD-II/85-86 was executed between the parties. The work was to be completed within 12 months from the date of commencement which was 26.12.1985. Under the letter of award, the work consisted of two schemes, viz. Scheme No. 31 and Scheme No. 35-A. The stipulated date of competition was 26.12.1986. The awarded work was completed by the claimant on 30.08.1991 and the DDA extended time up to this date without levy of compensation. Due to the failure of the DDA, the work could not be commenced till 17.01.1986 (Scheme No. 31) and 20.01.1986 (Scheme No. 35-A). Further, the layout plan, foundation and other drawings were not provided to the claimant before the said dates. Cement and steel too were not made available to the claimant by DDA within time. The claimant sought compensation, which was denied. The resultant disputes were referred to the arbitrator.

(3.) These findings had not been challenged by the DDA. DDA had challenged the award in respect of Claim nos. 1, 2, 4, 8, 9, 14, 15, 17B-H and 19. For claim No. 14, the arbitrator awarded Rs. 4,00,000/- on account of extra expenditure due to overheads etc. for prolonged periods. DDA's objection that such amounts could not be awarded, because the claimant had accepted previously, the amounts given and given up any claim for further amounts, was rejected; the Tribunal held that: