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2013 Supreme(Del) 2061

SANJAY KISHAN KAUL, INDERMEET KAUR
Chugh Kathuria Engineers (P) Ltd. – Appellant
Versus
Delhi Development Authority – Respondent


Mr.Sandeep Sharma , Mr.Vikas Sharma, Advocates for Appellant.
Mr. Suraj Agarwal , Mr. Sunil Mahlotra, Advocate for Respondent.

JUDGMENT :

Indermeet Kaur, J.

1. The claimant M/s Chugh Kathuria Engineers (P) Ltd. was awarded a work of construction of 96, Type-III, 96 Type-II and 140 Scooter Garage in Block-B, Janak Puri, New Delhi in terms of an agreement with the respondent/DDA vide agreement No.41/EE/HD/VI/DDA/81-82. The work was to commence on 20.8.1991. It was to be completed on or before 19.5.1982. It, however, continued up to 1985; it still remain uncompleted and was ultimately abandoned.

2. Disputes arose interse the parties. In terms of the arbitration clause contained in the agreement the disputes were referred to the sole arbitration of M.S.Talang, who was the Engineer Member of the respondent. Eleven claims have been raised by the claimant which included the quotient of interest which was Claim No.11. Four additional claims were thereafter raised. The respondent had raised two counter claims. On the basis of the pleadings and evidence led before him he pronounced his Award on 31.01.1994.

3. This Award was challenged by the respondent by filing objections under Section 30 of the Arbitration Act, 1940 (hereinafter referred to as ‘the said Act’). A detailed order was passed on 01.8.2006. Claim No.1 and C



















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