DELHI DEVELOPMENT AUTHORITY Vs. S. GHOSH & ASSOCIATES

JUDGEMENT

(1.) The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act") challenges the award dated 1 st October 2018 (hereinafter referred to as the "impugned order") passed by the learned Sole Arbitrator.

(2.) The brief facts as stated in the petition are that, Petitioner/Delhi Development Authority (DDA) held a national competition for registered architects inviting layout plans for development of a tract of land measuring 25.16 hectares in Vasant Kunj. Respondent participated in the aforesaid competition and submitted the basic presentation and drawing plans for overall development of the said land. After selection, on 5 th October 1999, Petitioner issued an offer letter defining the scope of work. This was followed by execution of the agreement dated 10th November 2000, which prescribed a period of six years from the date of signing of the agreement for completion of the contract. The fee of the Respondent was fixed at 2 percent of the total cost of construction i.e Rs. 2,70,67,86/- which was to be paid as per Clause 13 of the agreement.

(3.) Later, the total site area was reduced from 25.16 Ha to 23.65 Ha. This resulted in change in the site area and configuration of the site perimeters. For the above reason and due to the upcoming Common Wealth Games, Petitioner vide letter dated 15th January 2008, extended the time for completion of the work upto November 2010. Subsequently, the completion date was extended till October 2012 and further till December 2014.