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2011 Supreme(Del) 926

VIPIN SANGHI
Chugh Kathuria Engineers (P) Ltd. – Appellant
Versus
Delhi Development Authority (DDA) – Respondent


Advocates Appeared:
Mr. Sandeep Sharma, Advocate for the Plaintiff.
Mr. Abhishek Puri, Advocate for the Defendant.

Vipin Sanghi, J.

I.A. No. 1008/2010

1. These are objections preferred by the respondent-DDA under Sections 30 & 33 of the Arbitration Act, 1940 against the award dated 19.03.2009 passed by Mr. Justice R.C. Chopra, retired Judge, Delhi High Court.

2. The petitioner M/s Chugh Kathuria Engineers (P) Ltd. was awarded the work of construction of 96 Type-III, 96 Type II quarters and 140 Scooter Garage in Block-B, Janak Puri, New Delhi vide an agreement No. 41/EE/HD/VII/DDA/81-82. The stipulated date of commencement of work was 20.08.1981. The work was to be completed on or before 19.05.1982 i.e. within a period of nine months. However, the work continued till 1985, and was never completed by the petitioner.

3. The respondent-DDA alleged that the petitioner had abandoned the work. On the other hand, the case of the petitioner was that the respondent was responsible for delays and breaches. Disputes arose between the parties which were referred to arbitration by Mr. M.S. Telang. Mr. Telang rendered his award on 31.01.1994. The DDA challenged the said award by filing I.A. No. 8700/1994 in CS(OS) No. 543/1994. By judgment dated 01.08.2006, the learned Single Judge decided the objection petition.

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