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2002 Supreme(Del) 171

D.K.JAIN, MUKUNDAKAM SHARMA
SURESH KUMAR JAIN – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY – Respondent


D. K. JAIN

( 1 ) THESE are objections by respondent No. 1-the delhi Development Authority (for short, the DDA) under sections 30 and 33 of the Arbitration Act against the award made and published by Shri A. L. Garg, the sole arbitrator, on 18/09/1992. A contract for construction of 276 Janta flats at Pocket F, Pitampura was awarded to the petitioner by the DDA. However, during the course of execution of the contract, certain disputes arose between the parties. On the petitioner invoking the arbitration clause, contained in the agreement, the engineer Member, DDA, the persona designata, appointed the above named arbitrator as the sole arbitrator to determine the disputes/claims raised by the petitioner/contractor. After hearing the parties, the learned arbitrator made and published the award on 18/09/1992. On contractor s filing petition under section 14 of the Arbitration Act, 1940, the arbitrator filed the award and notice of filing of award was issued to the parties, pursuant whereto the DDA has filed the objections (IA No. 344/94 ).

( 2 ) ON the pleadings of the parties, the following issues were framed:

1. Whether the Award dated 18-9-1992 made and published by Shri A. L. Garg, t





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