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2005 Supreme(Del) 971

SANJAY KISHAN KAUL
PREM CHAND SHARMA AND CO – Appellant
Versus
DDA – Respondent


SANJAY KISHAN KAUL, J.

( 1 ) THE petitioner was awarded the contract by the respondent-DDA for construction of 168 houses of mig category, pocket A-13, Kalkaji Extension, New Delhi in pursuance to agreement no. I/hd/xxi/a/81-82. Disputes arose between the parties and in view of clause 25 of the terms and conditions of the agreement, providing for settlement of disputes by arbitration. Sh. A P Paracer was appointed sole arbitrator by the appointing authority being the engineer-member DDA vide a letter dated 22. 04. 1987. The counter claims were also referred for adjudication vide a letter dated 10. 10. 1988. The arbitrator made and published the award dated 24. 06. 1989. The respondent-DDA aggrieved by the same has filed the present objections.

( 2 ) IT has to be kept in mind that while scrutinising the objections u/s 30 and 33 of the Act, it is not the function of this court to sit as a court of appeal against an original decree. This court is not to re-appreciate the evidence and an award would not call for interference on the ground that this court may come to a different conclusion than what has arrived at by the arbitrator on the basis of material placed before him. It is only



























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