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1999 Supreme(Del) 211

M.S.A.SIDDIQUI
AARKEY ENGINNIERING COMPANY – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY – Respondent


Advocates Appeared:
A.SALVAN, INDERJIT SIDDHU, S.K.MITTAL

M. S. A. Siddiqui

( 1 ) IN response to the tender invited by the respondent-DDA, the work for construction of certain LIG houses at Hastal was awarded to the petitioner vide agreement No. 8/ee/wd-9/dda-88-89. The stipulated date of commencement of work was 9. 7. 1988 and the same was to be completed on 8. 10. 1989. On 7. 1. 1989, the respondent-DDA rescinded the contract. Consequent upon some disputes having arisen between the parties, the matter was referred to the arbitration in terms of the arbitration agreement. The Arbitrator published his award of 28. 8. 1992.

( 2 ) WHILE the petitioner filed an application for making the award a rule of the Court, the respondent-DDA has filed objections under section 30 and 33 of the Arbitration Act against the award. The respondent is mainly aggrieved by the rejection of counter-claim No. 2 and award on claim No. 3 preferred by the petitioner. Learned Counsel for the respondent contended that in view of Clause (2) of the agreement, the Arbitrator has no jurisdiction to deal with th,e question of compensation leviable under Clause (2), as the same was in the exclusive domain of the S. E. Strong reliance was placed on the decisions rendered in







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