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1999 Supreme(Del) 495

MANMOHAN SARIN
V. K. DEWAN AND COMPANY – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI – Respondent


Advocates Appeared:
A.K.JHA, D.P.SHARMA

Manmohan Sarin,j.

( 1 ) BY this order, I would be disposing of IA 1115/1997 beingobjections filed by the petitioner under Sections 30 and 33 of the Arbitration Act and IA1495/1998, being an application under Order XII, Rule 6, CPC.

( 2 ) PETITIONER filed a petition under Sections 14 and 17 of the Arbitration Act, 1940,which was registered as a suit, for filing of the award dated 26. 4. 1996 made andpublished by Sh. S. M. Hasnain, respondent No. 2, the sole Arbitrator. Notice of the filingof the award was issued to the parties. Petitioner accepted the notice of the filing of theaward on 13. 1. 1997. Respondent No. 1 was served with the notice of the filing of theaward on 21. 1. 1997.

( 3 ) THE petitioner filed objections in respect of claim No. 3 and claim No. 6 of theaward. In claim No. 3, the Arbitrator had rejected the claim of the petitioner for Rs. 70,650. 00 on account of cost of stores, machinery, tools/plants and temporary structures,which were alleged to have been taken over by the Delhi Vidyut Board. The learnedarbitrator held that the contractor/petitioner had not been able to establish the claimbased on the evidence produced before him and, accordingly, he rejected the s









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