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1994 Supreme(Del) 581

VIJENDER JAIN, VUENDER JAIN
SUNDER LAL KHATRI – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY – Respondent


Advocates Appeared:
A.SALVAN, O.N.Vohra

Vijender Jain

( 1 ) THIS is an objection application filed on behalf of the respondent under Sections 30 and 33 of the Indian Arbitration Act, 1940. The award is in relation to an Agreement entered into between the petitioner and the respondent- DDA for construction of 88 L. I. G. and 144 M. I. G. houses at Shalimar Bagh, New Delhi. The estimated cost of work was Rs. l,01,84,875. 00. Pursuant to Clause-25 of the Agreement Arbitrator was appointed, the award is dated 11. 10. 91. Ms. Ansuya Salwan, learned Counsel for the respondent-DDA, has argued that the award is a non-reasoned award and the Arbitrator has not given reasons for allowing certain claims of the petitioner, in alternative, she has argued that if this Court comes to a conclusion that reasons are given, the same are perverse. Assailing the award under claim Nos. 3 and 4, Ms. Salwan has argued that the Arbitrator cannot in law award any claim under Clause-10c of the Agreement as that would be squarely hit by Clause-2 of the Agreement. In the objections filed by the respondent the finding of the Arbitrator on this claim has been assailed staling inter alia that the bulk of flats had been completed during 1986 and the recti
















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