NIRANJAN BUILDERS Vs. UNION OF INDIA

JUDGEMENT

(1.) A contract was entered into between the petitioner and the respondents whereunder work of special repairs to staff quarters attached to ESI Hospital, Basai Darapur, New Delhi, was to be executed by the petitioner. Since disputes arose between the parties while executing the aforesaid contract, the disputes were referred to the sole arbitrator Shri V.Nainani for adjudication and decision. The arbitrator appointed entered upon the reference, received evidence adduced by the parties and upon hearing the parties made his award on 9/1/1992.

(2.) The aforesaid award was filed in this court as against which objections have been filed by the petitioner. I have heard the learned counsel appearing for the petitioner as also the counsel appearing for the respondent and on the basis thereof proceed to decide this matter claimwise. Claim No.1:

(3.) This claim relates to a claim of Rs.90,000.00 on account of under-payment in respect of agreement item No.1. According to the petitioner the work executed by the petitioner required providing guniting of number of RCC rectangular columns also, the measurements for which were recorded by the respondent by taking surface measurements of the columns and deleting the overlapping thickness of the guniting. Petitioner further states that under the Hand Book of Method of measurement of building works and IS Guide, for finished surface measurements such deletion of overlapping thickness was not called for and thus considering the said fact the arbitrator should have allowed the claim of the petitioner.