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2021 Supreme(Del) 202

VIBHU BAKHRU
Gupta And Co. – Appellant
Versus
DDA – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr S.K. Jain, Advocate with Ms Stuti Jain and Mr Akshu Jain, Advocate.
For the Respondent: Ms Shobhana Takiar, Standing Counsel for DDA.

JUDGMENT :

VIBHU BAKHRU, J. (ORAL)

1. The petitioner has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter the ‘A&C Act’) impugning an arbitral award dated 02.12.2020 to the extent that the Arbitral Tribunal has not awarded pre-reference interest in respect of petitioner‘s Claim Nos. 1 to 4.

2. The respondent (hereinafter ‘the DDA’) had issued a notice inviting tenders for the work of “Construction of 1600 SFS houses category II & III at Trilok Puri, Pocket ‘B’ SH: Construction of 160 SFS houses category II & III 80 Nos. Two bedroom category II, 80 nos. three bedroom category III & 120 scooter garages under SFS pocket ‘E’ including internal development Group V”.

3. Subsequently, by a letter dated 10.03.1986, the DDA awarded the said work to the petitioner. The works were to be completed within a period of twelve months from the 10th day of issuance of the letter of award, that is, by 20.03.1987. The petitioner states that it completed the contracted works on 29.08.1989 and there appears to be no dispute that the works were taken over by the DDA. However, the petitioner states that the completion of the works was not recorded and the

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