MCD Vs. ANIL GUPTA

JUDGEMENT

(1.) I.A. 2364/2019 (modification of order dt. 12.12.2018) in O.M.P. 709/2011

(2.) The case arose out of a construction contract for the zonal building of the Corporation in Narela. The work was awarded to an earlier contractor in 1998, who had left the work incomplete and accordingly, the remaining work was awarded to Respondent No. 1 (hereinafter, Contractor") on 28th August, 2004. Disputes had arisen in respect of the said project. Various claims were raised relating to escalation under Clause 10CC, reimbursement of amount spent in keeping watch/ward, short payment, interest and costs.

(3.) This Court had upheld the award of the Ld. Arbitrator, in the judgment rendered on 12th December 2018 (hereinafter, judgment"). One of the first facts noted by the Court, as captured in paragraphs 9 to 11 of the judgment, was in respect of a condition imposed by the Contractor, which reads as under: