LALIT MOHAN Vs. ENGINEER-IN-CHIEF HPPWD NIRMAN BHAWAN NIGAM VIHAR

JUDGEMENT

(1.) THIS petition under Section 11 of the Arbitration and Conciliation Act, 1996 (for short 'Act') has been filed for appointment of an Arbitrator for adjudicating the dispute between the parties.

(2.) IT has been stated that the work was awarded to the petitioner on 4.10.2007 by respondent No.2. The delay in starting the work as well as during the execution of the work is attributable to the respondents. The respondents did not make due payments to the petitioner. The petitioner completed the work as per the direction of the engineers before June, 2010 but the final bill was paid in November, 2010. The petitioner has claimed Rs.44,00,000/- on account of extra expenses for disposal of soil/salvage, Rs. 4,00,000/- for clearing slips, Whether reporters of Local Papers may be allowed to see the Judgment ?yes Rs.10,00,000/- damages for establishment and over head, idle labour, loss of profit etc. due to prolongation, Rs.1,10,000/- payment made to Puran Dev, Rs. 2,00,000/- damages on account of mental agony, harassment and monetary losses and Rs.1,00,000/- costs of notice, legal proceedings and interest.

(3.) THE respondents have contested the petition by filing reply. The award of work to the petitioner, agreement including Clause 25 have not been denied. The stand taken by the petitioner for execution and delay of the work has been denied. The notice dated 30.11.2011 has not been denied but it has been stated that the petitioner is not entitled to appointment of an Arbitrator as the request made by him was time barred under Clause 25 of the agreement. The remaining claim of the petitioner has been denied.