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2001 Supreme(Del) 1579

V.S.AGGARWAL
UNION OF INDIA – Appellant
Versus
NANGIA CONSTRUCTION (INDIA) PRIVATE LIMITED – Respondent


Advocates Appeared:
Rajiv Chaudhary, RAMAN KAPOOR, V.K.Shali

V. S. AGGARWAL

( 1 ) THE respondent/claimant (Nangia Construction (India) Pvt. Ltd.) was engaged in the construction of the chambers for the lawyers in the District Court shahdara. After execution of the work the applicant lodged a number of claims which had been referred to the arbitrator. The matter as such was gone into by the arbitrator and the award has been announced by the learned arbitrator. Against the same objections have been filed by the National Capital Territory of Delhi (hereinafter described as the objector ).

( 2 ) IT has been alleged that the arbitrator while relying on the applicant s submissions has overlooked the fact that the calculation done by the applicant for increase in the cost was for the work done including the cost of material as supplied by the objector at fixed rate. As such calculation submitted the net value of the work done after deducting the cost of the department works out to Rs. 73. 83 lakhs and if escalation as demanded by the claimant at Rs. 30. 89 over and above quoted rate is it has to be Rs. 22,8 lakhs approximately. As per clause 10cc of the agreement claimant has already been compensated. It has further been alleged that as per Section




















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