S LALI AND COMPANY Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) On the filing of the award by the arbitrator parties were noticed. Respondent-DDA filed objections. The only objection of substance that needs consideration is with regard to claim no.1. All other objections are in the nature of challenging the findings on fact based upon material and evidence. Admittedly, the Arbitrator has not travelled beyond terms of the contract in respect of these claims.

(2.) The main objection is that this claim comes within 'Excepted Category'and as such beyond the jurisdiction of the Arbitrator. According to Mr. V.K.Sharma, learned counsel for the respondent, arbitrator on the one hand has rejected claim no.5 of the petitioner which comes under clause 25(b) of the agreement whereas has contradicted himself by allowing claim no.1. Clause 25B is relevant. It reads as under:-

(3.) Apparently this claim arises on account of refund of withheld amount in the form of reduced rates which were to be determined by Superintending Engineer.