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DELHI HIGH COURT
D.K. Kapur, J
Om Prakash Baldev Krishan (M/s.) New Delhi v. Union of India and Another
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| 1. cross-appeals result from disputes in government contract execution. (Para 1 , 3) |
| 2. arbitration results are contested; certain claims outside arbitration scope. (Para 4 , 6 , 8) |
| 3. criteria for setting aside arbitration awards discussed. (Para 9 , 10) |
| 4. contracts provide latitude for arbitrators yet limit claims against specific terms. (Para 11 , 12 , 20) |
1. These two cross - appeals (F. A. O.(O.S.) ) No. 14 of 1980 and F.A.O.(O.S.) No. 32 of 1980 arise out of the judgment of a learned single Judge dated November 20, 1979.
2. Messrs Om Parkash Baldev Krishan (hereinafter to be referred as 'the Contractor') submitted a tender for "Provision of Married Accommodation for CPL's / AC's Flt. Sgt. / MWO's / WO's / Near Delhi. The tender was accepted and the work was awarded to the contractor by the Union of India vide agreement number CEDZ - 8 of 1972-73, dated August 21, 73. Clauses 9,26,62 (G) and 70 of the General Conditions of Contract and Clause 3.1 of the Special Conditions of Contract, which are relevant for the decision of these appeals, read as under: -
"9. Suspension of Work - The Contractor shall suspend execution of the Works or any part or parts thereof, whene
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