C LAL GUPTA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Petitioner filed this petition under Sections 14, 17 and 29 of the Arbitration Act, 1940. Notices were issued to the Arbitrator, who filed the original award together with the arbitral record. Upon receipt of notice of filing of the award, the respondent /DDA preferred its objections vide IA No. 11520/1996. Reply to the objections has been filed.

(2.) Counsel for the parties agreed that the arbitral record and the objections and reply filed thereto be read in evidence and they did not wish to file separate affidavits by way of evidence. With the consent of the parties, the objections are taken up for consideration today.

(3.) Petitioner had been allotted the work titled construction of 1008 SFS Houses at Santa Vihar, New Delhi, providing conventional bored cast-in-situ under reamed pile foundation including pile caps and grade beam in Pocket 'A'. The contract entered into between the parties, had an arbitration agreement in Clause 25, which required the Arbitrator to give a reasoned award. Disputes and differences had arisen between the parties, which were referred to the arbitration of Sh. S.C. Kaushal, the sole Arbitrator, vide letter bearing No. EM-2(350)FO/SF7/Arb/DDA dated 9.10.1994. In the event. Arbitrator made and published his award on 19.10.1995. The objections vide IA No. 11520/1996 pertain to claim Nos. 1, 3 and 4. The last relates to the award of interest on withheld amounts and pre-suit interest.