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1984 Supreme(Del) 69

G.C.JAIN, AVADH BEHARI ROHATGI
DES RAJ AND SONS – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
D.K.KAPUR, R.K.SAINI

Avadh Behari

( 1 ) AVADH Behari J.-This is an appeal by a building contractor from the order of a learned single judge of this Court, dt. 22. 1. 80 The contractor did work for the respondent, Union of India. Disputes arose between the parties. They were referred to an arbitrator. He gave his award. He made a non-speaking award.

( 2 ) THE Union of India objected to the award on two grounds. Firstly they questioned the jurisdiction of the arbitrator to award damages on account of suspension of work. A sum of Rs. 44,078. 72 was awarded to the contractor on account of the fact that the work had been suspended by the Government during a certain period for no rhyme or reason. On this part of the award the learned Judge held that under clause 9 of the contract no claim was admissible for compensation due to suspension of work and the arbitrator had acted beyond his jurisdiction in awarding compensation for suspension.

( 3 ) THE 2nd claim which the arbitrator allowed was for Rs. 8,073. 25 against rise in labour wages. On the construction of clause 3. 1 which provides that the contractor shall have no claim whatsoever if on account of any local regulations or otherwise he is required to pay











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