C.M. Nayar, J. - (1.) This judgment will dispose of objections filed by the respondent under Sections 30 and 33 of the Arbitration Act against the Award dated 3rd March, 1994.
(2.) The disputes arose between the parties regarding the work of development of land of Papankala(Dwarka) project in South West Delhi, Phase-I, S.H.-C/o 24.38m, 18m & 13.8m R/W Sectoral roads in Sector-6 under C.A.No.17/EE/WD-8/90-91. The arbitrator was appointed by the Chief Engineer(WZ), DDA, vide his memo No.F-320/EE(P) III/SE(P) II/93/1707 dated 19.5.1993. He entered upon the reference on 23rd November, 1993 and considered the claims of the petitioner-claimant as well as the counter claims of the respondent. The hearings were held on 23rd November, 1993, 20th December, 1993 and 21st December, 1993 respectively as will be indicated from reading of the Award. The following claims and counter claims were referred for adjudication:- "CLAIM-1: Rs.75,000.00 as the amount paid less in the reimbursement done under Clause 10-CC of the agreement. CLAIM-2 : Rs.1,08,679.60 @ Rs.115.00 per day recovered in excess for the road roller issued by department. CLAIM-3 : The respondent wrongly knowingly carried out the illegal and wrongful deductions of Rs.19,016.73 which are the matter of claim. CLAIM-5 : Illegal & wrongful withholding of Rs.45,000.00 was carried out for alleged non-reply of Q.C. paragraphs by the department. CLAIM-4 : Another wrongful deduction was carried out with respect to alleged non-mixing of solvent in bitumen. This amount of Rs.38,803.79 is a matter of claim. CLAIM-6 : A sum of Rs. 5,00,000.00 are claimed as damages due to the delayed completion of the work. CLAIM-7 : Interest @ 24% per annum. Interest of all type i.e. presuit, pendentelite and future interest on all aforesaid claims. CLAIM-8 : Interest @ 24% per annum on account of delayed release of final bill including 10(CC) and security deposit from due date till realisation. COUNTER CLAIM-1: Rs.3,653.00 on account of recoveries in respect of reduction items as well as extra item (minus)."
(3.) The learned counsel for the respondent DDA has disputed the finding in respect of the amounts as awarded for Claim Nos. 1,3, 5 and 6 as well as rejection of the Counter Claim no.1. The learned arbitrator awarded a sum of Rs.75,000.00 to the claimant in respect of Claim No.1. The reason for this Award has been stated as follows:- "Cost of work done is to be arrived at with reference to bills "prepared" during the period for which the amount of escalation is to be worked out. The dates of entering bills in the measurement book by the Assistant Engineer are to be the guiding factor for reckoning bills prepared during the relevant period. No justification was made available by the respondent for not following these guidelines.";