Kuber Construction Co. vs Govt. Of Nct Of Delhi
2019 Latest Caselaw 1933 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                 Reserved on: 12.07.2018
                               Pronounced on: 08.04.2019

+      FAO (OS) 558/2012
       KUBER CONSTRUCTION CO.                     ..... Appellant
                       versus
       GOVT. OF NCT OF DELHI                      ..... Respondent

+      FAO (OS) 570/2012
       GURUMUKH SINGH AND CO.                  ..... Appellant
                       versus
       MCD                                     ..... Respondents

Through : Sh. Sandeep Sharma and Sh. Aman Dhyani, Advocates, for appellants. Ms. Jyoti Taneja, Advocate, for GNCTD. Ms. Mini Pushkarna, Standing Counsel with Ms. Swagata Bhuyan and Ms. Shiva Pandey, Advocates, for MCD.

Sh. Pawan Mathur, Standing Counsel, for DDA.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A.K. CHAWLA

MR. JUSTICE S. RAVINDRA BHAT

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1. FAO (OS) 431/2012 and FAO (OS) 570/2012 have to succeed. They are accordingly allowed. The matter is remitted to learned Single Judge to deal with the merits of the award on the question on the findings of the arbitrators in the two cases with respect to the admissibility of the claims which was brushed aside on the ground that Sukumar Jain and GSC had issued valid no objection certificates or agreed not to claim compensation.

No opinion is expressed on the merits of the findings rendered in the award on the heads of claim.

2. FAO(OS) 558/2012 (Kuber's appeal) on the other hand has to fail. Accordingly, FAO(OS) 431/2012 and FAO(OS) 570/2012 are partly allowed in the above terms. The parties in each of the two appeals [FAO (OS) 431/2012 & FAO(OS) 570/2012] are directed to be present before the concerned learned Single Judge, according to Roster allocation, on 30.04.2019. FAO(OS) 558/2012 is dismissed. There shall be no order on costs, in the circumstances.

3. For detailed judgment, the decision dated 08.04.2019 in FAO(OS) 431/2012 may be referred to.

S. RAVINDRA BHAT (JUDGE)

A.K. CHAWLA (JUDGE) APRIL 8, 2019