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2005 Supreme(Del) 190

PRADEEP NANDRAJOG
DELHI JAL BOARD – Appellant
Versus
SUBHASH PIPES LTD. – Respondent


Advocates appeared:
Arvind Nayar - Petitioner.
P. C. Markanda, Naresh Markanda - Respondent.

JUDGMENT

PRADEEP NANDRAJOG, J. (Oral)

1. Present objections under Section 34 of the Arbitration and Conciliation Act, 1996 lay a challenge to the award dated 12.04.2002 published by Sh. K. D. Bali, sole arbitrator on a dispute referred to him pertaining to the claims and counter-claims of the parties, arising out of Contract Agreement No. 6 (1992-93).

Respondent was the principal claimant. Petitioner was the respondent and had some counter-claims.

Learned arbitrator took note of the following admitted facts :

(a) Supply order was dated 26.08.1992.

(b) Date of start of commencement of supply was 25.09.1992.

(c) Contract stipulated date of completion was 25.09.1993.

(d) Work as per contract was completed on 10.03.1995.

Learned arbitrator noted that as per the contract between the parties, claimant was to be supplied certain raw materials from which pre-stressed pipes had to be fabricated by the claimant and supplied to Delhi Jal Board. Learned arbitrator also noted that the contract between the parties had certain reciprocal obligations, prior compliance by one party was a condition precedent for the other to comply with its reciprocal obligation. Learned arbitrator with reference to









































































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