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2008 Supreme(Del) 153

VEENA BIRBAL, T.S.THAKUR
DELHI DEVELOPMENT AUTHORITY – Appellant
Versus
ANAND AND ASSOCIATES – Respondent


Advocates Appeared:
Mr. Bhupesh Narula, Advocate
Harish Malhotra, Sr. Advocate with Ms. Namita Choudhary,

THAKUR, J.

This appeal arises out of an order dated 18/4/07 passed by a Learned Single Judge of this Court whereby OMP No. 144/05 under Section 34 of the Arbitration and Conciliation Act 1996 filed by the appellant has been dismissed.

.2. Disputes relating to a certain work contract executed between the appellant DDA and the respondent contractor were referred for adjudication to Mr. Avadh Behari Rohtagi a former Judge of this Court. Before the arbitrator, the respondent contractor made as many as ten claims inclusive of interest and cost of arbitration while the appellant made a counter claim for payment of a sum of Rs. 40,781/- which was given up in terms of a statement made on behalf of the appellant before the arbitrator on 08/9/02. The arbitrator eventually came to the conclusion that the appellant DDA had committed defaults in the discharge of its obligations under the agreement thereby rendering the termination of the contract illegal. On that finding, the Learned Arbitrator held the contractor entitled to the refund of a sum of Rs. 1 lac towards security deposit and a sum of Rs. 10,42,136/- representing the balance amount payable to the contractor for the work done by it

































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