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2002 Supreme(Del) 776

J.D.KAPOOR
HINDUSTAN CONSTRUCTION CORPORATION LIMITED – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY – Respondent


J. D. Kapoor

( 1 ) THE respondent-objector has challenged the award mainly on the premise that Arbitrator has traversed beyond the terms of the agreement between the parties and has also not dealt with the contentions and objections raised by the respondent during the proceedings.

( 2 ) IT cannot be gainsaid that any award which is beyond the terms of the agreement is a nullity. The award is liable to be set aside if it suffers from perversity if it is writ large over it. At the same time reappraisal or re-appreciation of the material and evidence produced before the Arbitrator is not permissible as no award is a subject matter of appeal.

( 3 ) CLAIM no. 1 has been assailed on the ground that the Arbitrator has straightaway resorted to sub-clause (iv) of clause 12 of the contract without discussing as to how none of sub-clauses from (i) to (iii) is not applicable. Clause 12 (iv) reads as under:-

"if the rates for the altered, additional or substituted work cannot be determined in the manner specified in Clause (i) and (ii) above, then the rates for such work shall be worked out on the basis of the Schedule of rates of the District specified above minus/plus the percentage which the t
























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