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1997 Supreme(Del) 643

VIJENDER JAIN, VUENDER JAIN
CDS GUJRAL – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY – Respondent


Advocates Appeared:
A.SALVAN, ASHOK CHHAPARIA, R.L.PAL

Vijender Jain, J. (Oral)

( 1 ) THE petitioner filed the petition under Sections 14, 17 and 29 of the Arbitration Act read with Section 3 of the Interest Act for making the award rule of the Court. Award was made by the Arbitrator, Mr. A P Paracer, Additional Director General (Retd.) C. P. W. D. on 23. 12. 1993. The respondent filed their objections against the award under Section 30 of the Arbitration Act. The Arbitrator entered the reference on 10. 4. 1987.

( 2 ) LEARNED counsel for the respondent, Ms. Ansuya Salwan, has challenged the whole award. The main thrust of the argument of the learned counsel for the respondent, is to Claim No. 3 under the award. Ms. Salwan says that award of a sum of Rs. 1,12,185. 40 paise to the petitioner-claimant on account of extra expenditure incurred towards rise in wages of labour for the quantum of work after the expiry of stipulated contract period was erroneous. She has contended that Arbitrator has completely ignored that under the provisions of the contract entered into between the parties, there was a provision for escalation in labour wages under Clause-10 (c) of the contract and the said increase was payable only if there was no delay attr










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