DELHI DEVELOPMENT AUTHORITY Vs. HARGOBIND JAGGI

JUDGEMENT

(1.) The present appeal filed by the appellant is directed against the order dated 2nd December 1995 passed by the Additional District Judge, Delhi in Suit No. 7/1993 making the award against Claim Nos. 2 and 3 a rule of the court.

(2.) The respondent entered into a contract with the appellant for execution of the work of "loading, unloading and cartage of materials like pipes and fittings". Certain disputes arose between the parties while executing the aforesaid contract and the same were referred to the sole arbitration of Sh. R.C. Malhotra. The said arbitrator made his award on 24.12.92. The award was filed in the court as against which an objection was filed by the DDA. The Additional District Judge set aside the award given by the arbitrator as against Claim No. 1 and remanded the same back to the arbitrator to decide the matter afresh. So far claim Nos. 2 & 3 are concerned, the Additional District Judge upheld the said award and made the same rule of the court. Being aggrieved by the aforesaid judgment and order the present appeal has been preferred by the appellant/DDA.

(3.) Mr. Sharma appearing for the appellant submitted before me that the judgment and order of the learned Additional District Judge is illegal and bad on the face of the records of the case. He submitted that the Additional District Judge committed error apparent on the face of the record in upholding the award passed as against Claim No. 2. In support of his submission the learned counsel relied upon the decision in The New India Civil Erectors (P) Ltd. vs. Oil & Natural Gas Corporation reported in J.T. 1997 (2) S.C. 633. He also submitted that the judgment and order passed by the learned Additional District Judge in respect of Claim No. 3 also is liable to be set aside inasmuch as the said judgment is contrary to the Division Bench decision of this court in DDA vs. U. Kashyap reported in 1998 VIII AD (Delhi) 300.