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2014 Supreme(Del) 8

VALMIKI J.MEHTA
Municipal Corporation of Delhi – Appellant
Versus
Gurbachan Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Ms. Mini Pushkarna, Advocate.
For the Respondent:B.M. Sehgal, Advocate.

Judgment :

Valmiki J. Mehta, J (Oral).

1. This first appeal has been filed under Section 37 of the Arbitration and Conciliation Act, 1996 (in short ‘A&C Act‘) against the judgment of the lower court dated 11.9.2009. Learned ADJ by the impugned judgment dismissed the objections filed by the appellant/Municipal Corporation of Delhi (MCD) against the Award of the sole Arbitrator dated 19.9.2008. The Award of the Arbitrator is a common Award with respect to two claim petitions filed by the respondent/contractor with respect to two separate works. The parties were the same and therefore the Arbitrator delivered the common Award. One claim petition which was filed by the respondent was with respect to construction of pucca school building at M.C. Primary School at Sagarpur (old) West Zone, New Delhi. The second claim petition which was filed was with respect to construction work at Dabri. There were more or less similar heads of claims for both the works of the respondent-contractor and therefore the same were disposed of by the common Award dated 19.9.2008.

2. A reading of the impugned judgment shows that the court below has not at all discussed any of the claims, reasoning with respect to
































































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