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2006 Supreme(Del) 329

SANJAY KISHAN KAUL
P. C. SHARMA – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY – Respondent


SANJAY KISHAN KAUL, J.

( 1 ) THE petitioner was awarded the Contract for construction of category 3 SFS houses at Sarita Vihar, Sector-1 in pursuance to Agreement No. 10/ee/cpd V/84-85 by the respondents. The work was completed but there was a delay of 43 months in the completion of the work. The petitioner raised certain claims and since the same were disputed by the respondent, the petitioner filed a petition under section 20 of the Arbitration Act, 1940 (hereinafter referred to as the said act) before this Court. In the said proceedings Shri S. P. Kapil was appointed as the Sole Arbitrator to enter upon reference and adjudicate the disputes in view of the existence of Clause 25 of the general terms and conditions of the contract being the Arbitration Clause. The Arbitrator made and published his award on 20. 2. 1997. The respondent aggrieved by the same has filed the present objections under Sections 30 and 33 of the said Act.

( 2 ) LEARNED counsel for the respondent initially made an attempt to take this court through each of the claims to contend that the said claims must be examined by this Court. Such a course of action is not permissible in view of the fact that this Court






































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