DELHI DEVELOPMENT AUTHORITY Vs. MADHU KISHAN GUPTA

JUDGEMENT

(1.) The present petition was dismissed for non-prosecution on 25th November, 2016. The DDA has moved an application seeking restoration of the petition. The reasons given in the restoration application are that the counsel who was handling the matter on behalf of the DDA had resigned and since the matter was in the final list, it was missed out. Though no ground has been made out for such a long delay of almost 521 days, the petition is restored and heard on merits subject to payment of Rs. 10,000/- as costs.

(2.) Both parties have addressed their submissions on the merits of the objection petition. This petition under Section 34 has been filed challenging award dated 22nd February, 2008 passed by the ld. Sole Arbitrator. The Respondent-contractor was awarded work for "construction of 64 SFS DU (32 Cat III and 32 Cat II Flats) and 48 Scooter Garages at Alaknanda near Pkt B and C (Opposite Yamuna Co-operative housing Building Society)."

(3.) The date of commencement of the work was 9th February, 1986 and the stipulated date of completion of work was 8 th November, 1986. There was delay in completion of the work, until 31st January, 1989 which was the actual date of completion. The contractor raised several claims as disputes had arisen between the parties. Initially, a sole Arbitrator Mr. G.S Rao was appointed on 20th September, 1990. However, since the said Arbitrator had expired, a new Arbitrator, namely, Mr. K.S. Chauhan, who was appointed as the sole Arbitrator, has rendered the impugned award. Various claims from claim Nos. 1 to 14 were raised by the contractor and were decided by ld. Arbitrator. A total sum of Rs. 3,26,275/- was awarded in favour of the contractor along with interest @ 10% from the date of appointment of the first Arbitrator. The Arbitrator has awarded following claims in favour of the contractor:-