PANDIT CONSTRUCTION COMPANY Vs. DELHI DEVELOPMENT AUTHORITY
HIGH COURT OF DELHI
PANDIT CONSTRUCTION COMPANY
DELHI DEVELOPMENT AUTHORITY
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SANJAY KISHAN KAUL, J. -
(1.) The petitioner is a registered partnership firm and in pursuance to an
invitation for tender floated by respondent no.1 for work of construction of
shopping centre at New Rajinder Nagar, a tender bid was submitted. The tender
submitted by the petitioner was accepted in terms of the letter dated 30.11.1990
of respondent no.1/DDA at a tendered cost of Rs.1,24,75,860/- and an agreement
was executed between the parties dated 12.12.1990. The stipulated date of
completion was 9.3.1992 (15 months). The work was, however, completed only in
late April, 1998 and the completion certificate was issued on 28.4.1998. The
petitioner blames respondent no.1/DDA for the same.
(2.) It is the case of the petitioner that in view of the disputes about payment
between the petitioner and respondent no.1, the petitioner issued a notice dated
9.7.2001 to the Chief Engineer of respondent no.1 for appointment of an
arbitrator and in view of the failure to do so, filed a Suit No.AA No.258/2002
before this Court. Shri C.S. Jawa, District and Sessions Judge (retd.) was
appointed as the sole arbitrator in terms of the order dated 27.8.2003 passed in
the said suit.
(3.) The sole arbitrator, respondent no.2, made and published an award dated
27.10.2005. The arbitrator adjudicated upon the claims of the petitioner on
merits but the claims were rejected on the ground of being barred by limitation
as also the plea of estoppel being found in favour of respondent no.1. The
petitioner has filed the present objections under Section 34 of the Arbitration
and Conciliation Act, 1996.;
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