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1981 Supreme(Del) 207

J.D.JAIN
BHAI SARDAR SINGH AND SONS,NEW DELHI – Appellant
Versus
NEW DELHI MUNICIPAL COMMITTEE – Respondent


Advocates Appeared:
K.C.MITTAL, Rajesh Lakhanpal

J. D. JAIN

( 1 ) THE plaintiff Bhai Sardar Singh and Sons (in short Contractor) was awarded the work "construction of types I, II and III Teachers Housing Complex at Lodhi Colony" pursuant to invitation of tenders. Originally, the contractor quoted rates at 46% above the CPWD schedule of rates 1967 subject to certain conditions but later on he submitted revised tender at 55. 55% instead of 46% above the CPWD schedule of rates 1967. This tender was duly accepted by the respondent-Committee vide resolution No. 18 dated 15th January, 1971. Subsequently, a formal agreement evidencing the contract was entered into between the parties on 22nd February, 1971. Certain disputes having arisen between the parties wish regard to the execution/implementation of the construction work, the same were referred by the respondent-Committee to the sole arbitration of Shri M. K. Nayyar respondent No. 2; who was Financial Advisor to Ministry of Home Affairs Govt. of India and ex-officio member of the respondent-Committee vide letter dated 24th of March, 1972. The Arbitrator entered upon reference and in due course the contractor submitted his statement of claim while the respondent filed a counter-statem























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