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2017 Supreme(Del) 3937

S.RAVINDRA BHAT, SUNIL GAUR
DELHI DEVELOPMENT AUTHORITY – Appellant
Versus
N. N BUILDCON PVT LTD. – Respondent


Advocates Appeared:
For the Appellant :Mr. Rajiv Bansal, Senior Advocate with Ms.Kanika Singh, Ms. Vasudha Trivedi & Ms. Kanika Singhal, Advocates
For the Respondent:Mr. V.K. Jhanji, Senior Advocate with Ms. Jyoti Mendiratta & Ms. Deeksha Kakkar, Advocates

JUDGMENT :

S. RAVINDRA BHAT, J.

1. The Delhi Development Authority (DDA) in this appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as „the Act?) challenges the decision of the learned Single Judge rejecting its petition under Section 34 of the Act. The petitioner had challenged the legality and correctness of the Award of the arbitral tribunal dated 02.02.2017.

2. The DDA had awarded the contract to the respondent (hereinafter referred to as ‘the Contractor’) for construction of 920 EWA Houses at Siraspur (hereinafter referred to as ‘the work’) on 29.12.2009 for a total negotiated sum of Rs.40,12,33,062/-. The dispute arose on account of the contractor’s inability to continue with the work, which could not be performed on account of hindrances on the part of the DDA to hand over the entire site to it. The original period of contract for completion of the work was 30 months. It is a conceded fact that extension resulted in additional period of another 25 months for constructing 240 flats. The Contractor claimed additional amounts towards escalation/damages for the work done during the extended period. DDA cited a condition in the Contract- C




























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