( 1 ) THE Petitioner M/s Atree Associates and the Delhi Development Authority entered into a contract with reference to the work of providing water supply, sanitary installations and internal development in Poeket-BD, Block -B, Janakpuri, New Delhi.

( 2 ) DISPUTES arose between them and they were referred to Shri S. C Kaushal, SE (Arbitralion)-II, for adjudication. The Arbitrator passed the award on 20th September 1994 allowing a few claims and rejecting the rest and awarded interest @ 12% per annum with effect from 3rd June 1993 to 30th May 1994 towards the pendentelite interest.

( 3 ) THE Delhi Development Authority filed objection vide IA No. 1440/95. Mr. V. K. Sharma learned counsel for the Delhi Development Authority rendering real assistance to the court made submission with reference to Claims Nos 1,2,3,9,17, 18 and 19. Mr. Sharma was very thorough in his preparation and he could easily make me to appreciate the real controversy in the matter.

( 4 ) THE brief facts of the case are as follows:

ESTIMATED cost Rs. 57,00,006. 00 Tender cost Rs. 84,64,509. 00 Tender percentage 45% above DSR 1981 Date of start 6. 4. 1985 Dale of completion 5. 7. 1986 Actual date o