Delhi High Court
M/S Anant Raj Agencies vs Delhi Development Authority on 17 April, 2009
Author: Valmiki J. Mehta
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) No.352/2001
Reserved on : April 15, 2009
Pronounced on: April 17, 2009
M/s ANANT RAJ AGENCIES ... Appellant
Through : None.
versus
DELHI DEVELOPMENT AUTHORITY ..... Respondent
Through : None.
CORAM:
HON'BLE MR. JUSTICE MUKUL MUDGAL
HON'BLE MR. JUSTICE VALMIKI J. MEHTA
1. Whether the Reporters of local papers may be allowed to see the
judgment?
2. To be referred to the Reporter or not? Yes
3. Whether the judgment should be reported in the Digest? Yes
% JUDGMENT
VALMIKI J. MEHTA, J.
1. This appeal is connected with the appeal FAO (OS) No.207/2001.
The appeal 207/2001 was on behalf of the DDA with respect to the
challenge to rejection of two of its objections and the non-interference with
FAO (OS) No.352/2001 Page 1
respect to the findings of the arbitrator by the learned Single Judge. We
have already dismissed the connected appeal of the DDA which arises from
the same judgment and a portion of which is challenged by the appellant M/s
Anant Raj Agencies in the present appeal.
2. The present appeal is filed challenging the limited issue with regard to
the decision of the learned Single Judge with respect to rejection of its claim
No.5 which pertained to claim with regard to straightening bent up bar
issued in coils and bent up bundles.
3. The learned Single Judge with respect to this claim No.5 has set aside
the finding of the arbitrator by following his earlier judgment in M/s Wee
Aar Constructive Builders Vs. DDA, Suit No. 2456/A/1996 decided on
14.3.2001 (now reported as 2001 (2) Arb LR 71 : 2001 (4) AD (Delhi) 65).
The learned Single Judge in the case of M/s Wee Aar Constructive Builders
has held that the clause in question, namely clause 3.13 of the contract, was
capable of only one interpretation that the item with regard to reinforcement
for RCC work including binding, bending and placing in position complete
(a) mild steel and medium tensile steel bars (b) cold twisted bars is a
description of the work to be done by the contractor and being inclusive and
illustrative will encompass ancillary works and intrinsically connected work
FAO (OS) No.352/2001 Page 2
such as strengthening and cutting the steel bars. Accordingly, the learned
Single Judge modified the award and rejected the claim No.5 as originally
allowed by the arbitrator.
4. We find that the reasoning of the learned Single Judge as given in the
case of M/s Wee Aar Constructive Builders Vs. DDA is unexceptionable.
Surely, an item of work by description has to include all items which are
ancillary and intrinsically connected with the item of work. Also, the
decision in the case of M/s Wee Aar Constructive Builders was followed by
a Single Judge of this court in Narain Das Vs. DDA, 126 (2006) DLT 10. A
Division Bench of this court of which one of us (Mukul Mudgal, J.) was a
member in a recent judgment dated 1.4.2009 in FAO(OS) 121/2006, titled as
Pt. Munshi Ram & Associates (P) Ltd. Vs. DDA has upheld the view in
Narain Das's case. We are thus bound by the judgment of the Division
Bench in Pt. Munshi Ram's case.
5. As in the connected appeal where there was no appearance on behalf
of the DDA, in the present appeal also there is no appearance on behalf of
the appellant, M/s Anant Raj Agencies. As noted in the order disposing of
the connected appeal, the amounts under the award and as duly modified by
the orders of the learned Single Judge have been paid by the DDA to M/s
FAO (OS) No.352/2001 Page 3
Anant Raj Agencies.
6. The appeal is, therefore, dismissed, without any order as to costs.
VALMIKI J. MEHTA, J
MUKUL MUDGAL, J
April 17, 2009
ib
FAO (OS) No.352/2001 Page 4
