LAWS(DLH)-1999-12-110

KOCHAR CONSTRUCTION WORKS Vs. DELHI DEVELOPMENT AUTHORITY

Decided On December 16, 1999
KOCHAR CONSTRUCTION WORKS Appellant
V/S
DELHI DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) Respondent Delhi Development Authority has filed objections to the Award dated 28.8.1993 under Sections 30 & 33 of the Indian Arbitration Act, 1940. Petitioner had been awarded the contract for construction of 120 LIG and 80 MIG Flats in Pocket D/1-C, Janakpuri, New Delhi. A contract agreement was execute between the parties which contained the arbitration agreement. Disputes between the parties were referred to the sole arbitration of Mr.S.Nagraj, Arbitrator appointed by the respondent Delhi Development Authority. The arbitrator, after entering upon reference and giving notice to the parties and completion of pleadings and several hearings made and published his Award on 28.8.1993.

(2.) Learned counsel for the respondent Delhi Development Authority, Mr. V.K. Sharma, apart from assailing the award on the ground that it had failed to give reasons and had only stated the conclusions, urged that it was vitiated by errors apparent on the face of the record and could not be sustained.

(3.) Learned counsel for the respondents assailed the Award in respect of Claim No.1. Learned counsel, in particular, relied on the Award made by the arbitrator and para 1.32 there of, which reads as under:-