Mool Chand Garg, J.

1. This appeal arises out of order dated 05.05.2008 passed by the Additional District Judge Delhi dismissing the objections filed by the Appellant to the award dated 01.05.2007. By the impugned order the Court while dismissing the objections upheld the findings returned by the Arbitral Forum that it was the Appellants, who were responsible for having delayed the supply and installation of the Gen-sets beyond the time limit and that the Respondents could not have been blamed for the same as was pleaded by the Appellants before the Arbitrator and in the Lower Court. The Additional District Judge has also not agreed with the Appellants that the recovery of a sum of Rs. 10,77,714/- by the Respondents as Liquidated damages by invoking Clause 13 of STCC by deducting the said amount out of dues payable was not in violation of Section 73 and 74 of the Contract Act and thus refused to direct the Respondents to return the said amount. Hence this appeal.

2. The learned ADJ vide impugned order not only held that the delay was caused in this case by the Appellant in supply, testing and commissioning of DG sets but also held that in a case where damages are pre-estimate