VALMIKI J.MEHTA, MUKUL MUDGAL
D. D. A. – Appellant
Versus
Nav Bharat Const. Co. – Respondent
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
D.D.A. v. U. Kashyap 1999 (1) Arb LR 88: 1999 (48) DRJ 666
Krishna Bhagya Jala Nigam Ltd. v. G.Harischandra 2007 (2) SCC 720 : AIR 2007 SC 817
McDermott International lnc.v. Burn Standard Co. Ltd. 2006 (11) SCC 181
Rajasthan State Road Transport Corpn. v. Indag Rubber Ltd. (2006) 7 SCC 700
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