C LAL GUPTA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) In order to appreciate the disputes which fall for adjudication in these proceedings, it is necessary to detail the claims that were raised before the Arbitrator, who was a nominee of the DDA. The Arbitrator was not only a qualified Civil Engineer, but was the Superintending Engineer (Arbitration) of the DDA.

(2.) The Claims were the following: S.No. Amount Claimed Amount Granted Claim No.1 Rs. 2,12,152.00 Rs. 48026.00 Claim No.2 Rs. 46,300.00 NIL Claim No.3 Rs. 1,86,200.00 Rs. 69,736.00 Claim No.4 Rs. 30,000.00 NIL Claim No.5 Rs. 33,957.00 NIL Claim No.6 Rs. 88,400.00 Rs. 24,000.00 Claim No.7 Rs. 3,60,000.00 NIL Addl. Claim No.1 Pendente lite interest NIL Future interest @ 12% p.a. on Rs. 72026.00 Pre suit interest (already covered under Claim 1) NIL Addl. Claim No. 2 1,24,165.00 NIL Rs. 1,41,762.00

(3.) The petition under sections 14(2), 17 and 29 of the Arbitration Act, 1940 was filed in April 1992 praying, inter alia, that a judgment be pronounced in terms of the Award dated 30.3.1992. The immediate reaction was the filing of I.A. 3801/94 by the DDA, which are Objections under Sections 30 and 33 of the Arbitration Act, 1940.