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1997 Supreme(Del) 44

K.S.GUPTA
PREM CHAND SHARMA AND COMPANY – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY – Respondent


Advocates Appeared:
A.SALVAN, AMARDIP SINGH, DALJIT SINGH

K. S. Gupta,j

( 1 ) THIS order wili govern disposal of OMP Nos. 119/97andl20/

( 2 ) IN OMP No. 119/97 it is alleged that pursuant to an invitation to tender for the work of construction of 470. Incremental Janta Houses in Sector A-6, Pocket 7, at Narela, petitioner submitted a tender which was accepted by respondent No. 1. Agreement bearing No. 24/ee/n. D. 6/d. D. A. /90-91 was executed between the parties. Under the said agreement six months time after completion of the work was to be treated as "defect Liability Period". Petitioner completed the work on September 9, 1994. However no defects were pointed outwithin six months thereafter by respondent No. 1. It is stated that on May 6, 1995, respondent No. 1 prepared the final bill and payment thereof was made. Since the final bill as prepared by respondent No. 1 gave rise to disputes on account of wrongful deductions and short payments in respect of various items, the petitioner approach items the Chief Engineer (NZ) to marked reference to arbitration. On September 10, 1996, Chief Engineer (NZ) made reference in respect of claim of Rs. 95,82,091. 00 to Superintending Engineer (Arb.) II, Office Complex, Janak Puri, New Delhi.

( 3 ) IT

















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