Judgment

P. Sathasivam, J. —

1.This appeal, by special leave, is directed against the Judgment and final Order dated 10.8.2001 passed by the High Court of Delhi at New Delhi in FAO(OS) No. 104 of 1996, whereby the Division Bench of the High Court had set aside the Order passed by the learned single Judge in favour of the Delhi Development Authority - the appellant herein and directed that the Award passed by the Arbitrator be made a rule of the Court along with interest @ 12% p.a. from the date of the decree till the date of payment on the entire amount as awarded by the Arbitrator.

2.The facts, in a nutshell, are as under :

On 18.4.1990, an Agreement was entered into between the appellant-Delhi Development Authority (hereinafter referred to as “DDA”) and the respondent - M/s R.S. Sharma & Co. (hereinafter referred to as “the Company”) for carrying out the work for development of the land at Pappankalan (Dwarka) Project in South-West Delhi, Phase I according to the terms and conditions mentioned in the contract. On disputes having arisen during execution of the work, mainly with respect to the extra cartage, the same were referred to the Sole Arbitrator, Shri A.P. Paracer, Additional D