Sudhir Bros. vs Delhi Development Authority & ...
1993 Latest Caselaw 625 Del

Citation : 1993 Latest Caselaw 625 Del
Judgement Date : 28 October, 1993

Delhi High Court

Sudhir Bros. vs Delhi Development Authority & ... on 28 October, 1993

Equivalent citations: 1994 (1) ARBLR 97 Delhi, 52 (1993) DLT 331

Author: P Nag

Bench: P Nag

JUDGMENT

Mr. P.N. Nag, J.

1. Disputes having been arised between the petitioner and respondent No. 1 out of an Agreement No. 10/EE/CD-I/1981-82 for "Construction of 64 three bed rooms (Type III) 64 two bed rooms (Type II) and 96 Scooter Garages under S.F.S. At Pitampura, Pocket L. Dakshini I/C Internal Services", the same were referred to the sole arbitration of Shri V. D. Tiwari who was appointed by Engineer Member, D.D.A. vide letter No. EM 2(42)83/Arbn./3726-30 dated 12.3.1990, who after having entered upon the reference gave an award dated 31.2.1991 in favor of the petitioner for an amount of Rs. 15,50,780/- along with certain rates of interest as mentioned in the award.

2. The aforesaid award dated 31.5.1991 has been filed into this Court. The respondent, DDA, has filed objections by way of IA 1409/92 under Sections 30 & 33 of the Arbitration Act against the award.

3. The petitioner also filed objections by way of IA 12213/91 under Sections 30 & 33 of the Arbitration Act against the award.

4. Counsel for the petitioner seeks permission of this court to withdraw IA 12213/91. Permission is hereby granted and IA 12213/91 dismissed as withdrawn.

5. So far as IA 1409/92 is concerned, none has put in appearance on behalf of the objector/DDA though the matter has been appearing in the cause list in the category of "Short Cause" since 24.9.1993. That matter was also called out by this court on 26.10.1993 but none appeared for the respondents but in the interest of justice no orders were passed on that date. Therefore, the objections filed by the DDA (by way of IA 1409/92) stand unsubstantiated. IA 1409/92 is, therefore, dismissed.

6. I have perused the award and to my mind there is no error apparent on the face of the record. The award 31.5.1991 given by the arbitration, marked Ext. C-1, consequently is made a rule of the court and decree passed in terms thereof. Ext. C-1 shall form part of the decree. The petitioner shall also be entitled to interest @ 12% p.a. from the date of the decree till its realisation. In the circumstances of this case, I make no order as to costs.

7. Order accordingly.