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2003 Supreme(Del) 1148

S.K.MAHAJAN
UNION OF INDIA – Appellant
Versus
SIMPLEX CONCRETE PILES INDIA (P) LTD. – Respondent


Advocates Appeared:
Nitinjya Chaudhary, Salim Ahmed, V.P.Chaudhary

S. K. MAHAJAN, J.

( 1 ) ADMIT. THIS appeal is directed against the judgment of the Additional District Judge whereby the objections of the appellant to the award of the Arbitrator were dismissed and the award was made a `rule of the Court and decree in terms thereof was passed.

( 2 ) LEARNED counsel for the appellant has raised two points to challenge the award, namely, (i) that under Clause 25 of the Arbitration Agreement in case a claim was not made within 90 days of the intimation from the Government that final bill was ready for payment, the claim of the contractor will be deemed to have been waived and absolutely barred, and (ii) the Arbitrator had no jurisdiction to award pendent lite interest and consequently the award of interest by the Arbitrator is against law.

( 3 ) IN my view, none of the two grounds on which the award has been challenged can be sustained. The Arbitrator has clearly held in the award that the final bill was ready only on 11. 3. 1983 and from this bill a sum of Rs. 15,000. 00 was withheld and was finally adjusted by the respondent on 1. 5. 1984. According to the Arbitrator, there was thus no finalisation of the final bill till 1. 5. 1984 and the arbitra



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