KISHAN CONSTRUCTION CO Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This appeal is directed against the order dated 22.4.98 in Suit No/49/1996 whereby the Additional District Judge has set aside the award dated 4.1.94 passed by the arbitrator and remitted back the entire matter to the arbitrator with direction to him to consider the claim of the DDA and the counter claim of appellant hereinafter notice to the parties.

(2.) Pursuant to a contract entered into between the parties, disputes arose between the parties and the said disputes were referred to the sole arbitration of Sh. S.C Kaushal in terms of clause 25 of the agreement. Pursuant to the aforesaid reference the arbitrator entered into the reference and considered the claims and counterclaims of the parties and made his award on 4.1.94. By the aforesaid award the arbitrator held that all the three claims of DDA were not justified and accordingly rejected the said claims, ln respect of the counter-claims of the appellant he held that no counter-claim came up duly referred by the Chief Engineer and with the said observations he disposed of the counter-claims accordingly. As against the aforesaid award passed by the arbitrator the appellant herein filed objection before the Additional District Judge praying for remitting back the counter-claim to arbitrator for deciding the said counter-claims of the appellant. Objections were also filed by the respondent for' setting aside the award given in respect of claims of the DDA. The Additional District Judge took up the aforesaid objections for consideration and disposed of the same by setting aside the entire award and remitted back the same to the arbitrator to consider the claim & counter-claims of the parties after notice to them. Being aggrieved by the said order, the present appeal has been filed by the appellant.

(3.) According to the counsel for the appellant, the Additional District Judge was not justified in holding that the claims and counter claims of the parties were inseparable in nature, for according to him claims made by the DDA and counter-claims of the appellant herein are independent claims having no bearing and relevance with each other.