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1991 Supreme(Del) 512

JASPAL SINGH
BHARAT FURNISHING COMPANY – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY – Respondent


Advocates Appeared:
ANSUYA SALVAN, G.N.AGGARWAL

Jaspal Singh

( 1 ) THIS is the second battle of the award. The first was before Sunanda Bhandare J. , who by her order dated April 24, 1989, set aside the finding of the arbitrator on claim No. 7 and remitted the case back for fresh decision on claims No. 1, 2 and 5. This the arbitrator has done but the battle lines are still drawn.

( 2 ) HERE is the background. As per agreement No. 5/pe/agd-IV/ 81-82 the petitioner was awarded tender for providing and fixing door shutters on 201 DU s AGD-IV. Disputes and differences having arisen between the petitioner and the DDA, the same were referred to the sole arbitration of respondent No. 2 who made his award on August 12, 1986. It was this award which led to the order of Sunanda Bhandare, J. , as referred to above. Claim No. 7 which was set aside related to the award of pendente lite interest. As regards claims 1, 2 and 5 the award met its doom as the arbitrator had not given reasons for his conclusions which, under clause 25 of the agreement, he was under an obligation to do. Consequent upon that order the arbitrator has given a fresh award. What, however, is of significance is that it too has failed to win the approval of the Delhi Develo































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