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2009 Supreme(Del) 467

VALMIKI J.MEHTA, MUKUL MUDGAL
D. D. A. – Appellant
Versus
Nav Bharat Const. Co. – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Bhupesh Narula, Adv.
For Respondents/Defendant: S.S. Tripathy, Adv.

JUDGMENT

Mukul Mudgal, J.

1. This appeal challenges the judgment of the learned Single Judge dated 21.10.1997 by which the objections preferred by the original respondent/DDA i.e., the appellant before us, were dismissed and the award dated 19.6.1993 was made a rule of the Court. Before us, the submission of the learned Counsel for the appellant is in respect of Claim No. 8 which awarded damages to the respondent on account of infructuous expenditure and damages sustained by the contractor due to various breaches of delays committed by the appellant. The Arbitrator dealt with the aforesaid claim in the following terms:

Claim No. 8: Claimants claim a sum of Rs. 15.00 lakhs on account of infructuous expenditure and damages sustained by the contractors due to various breaches committed by the respondents.

AWARD:

The work could not be completed by the claimant within the stipulated period of contract for reasons beyond its control and due to the reasons substantially attributable to the respondent, such as non-issue of drawings, non-issue of stipulated materials, i.e., cement, steel, pipes and shutters and also due to existence of various hindrances, such as existence of Nallah and non








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