( 1 ) THIS appeal is directed against the judgment of the learned Single Judge dated 11th March, 1981 whereby the learned Single Judge had dismissed the Objections to the award filed by the DDA and made the award dated 3rd may, 1991 a rule of the Court and directed that the decree in terms of the award be passed.

( 2 ) AGGRIEVED by the judgment, the Delhi development Authority has filed this appeal. the learned counsel for the appellant restricted his challenge to the findings on counter-claims 5, 6 and 7 of the arbitrator which were upheld by the Single Judge. According to the learned counsel for the appellant the arbitrator was in error in rejecting the counter-claims of the DDA and learned single Judge was in error in upholding the Award.

( 3 ) COUNTER-CLAIM No. 5 is for Rs. 1. 50 lakhs for the quantity of the material found short during the technical" examination of the work. The learned arbitrator, in a detailed speaking Award, has mentioned that work was rescinded in December 1981 and subsequently the balance work got executed by some other agency. Thereafter, as per report and evidence placed before him the work was inspected by a technical examiner in 1982 a