UNION OF INDIA Vs. NATIONAL BUILDERS

JUDGEMENT

(1.) UNION of India has made this application for setting aside the first award dated 4th August, 1966 and the final award dated 24th August, 1968 made after the said first award was remitted by the Court to the arbitrator. The Arbirator was one O. P. Mittal, Engineer-Member, Delhi Development Authority, New Delhi and formerly Superintending Engineer (Arbitration) Central Public Works Department.

(2.) BY an agreement in writing dated 16th October, 1949 the respondent National Builders agreed to execute the construction of administrative block of India Government Mint at Alipore in Calcutta. In course of execution of the said contract various disputes arose between the parties and the Additional Chief Engineer, Central P. W. D., New Delhi, appointed the said O. P. Mittal, Superintending Engineer, (Arbitration) as Arbitrator and sent to the said Arbitrator along with his letter dated 27th November, 1958 a Schedule wherein the claims of the respondent were tabulated and against each item thereof, an issue was framed for his determination.

(3.) THE contractor claims that R. C. C. slabs have not been measured correctly including the full bearing (item No. 9) Whether the measurement has been correctly recorded, if not, the excess quantity involved. 12. THE contractor claims that heavy compensation under clause (ii) is not justified. Whether the contractor had made himself liable for compensation under clause (ii). In the recital part of the said award dated 4th August, 1966, the said arbitrator, inter alia, referred to the letter dated 27th November, 1958 written by the Additional Chief Engineer, Central P. W. D. and the disputes is mentioned in the said letter and made his award, the relevant portion whereof read as follows :