The total value of work that was done amounted to Rs.62,84,845/ .
Further, the learned Arbitrator has laboriously gone through all the evidence and answered each claim giving reasons for the same.
Suspension of work by the Respondents for the period 17.1.94 to 25.2.94 and from 7.8.94 to 22.3.95 because of number removal of hindrances.
Resultantly, the awarded amount of Rs.7,20,000/ was scaled down to Rs.
In an appeal filed under Section 37 of the Arbitration Act, vide the impugned judgment dated 8th February, 2012, a Division Bench of the High Court of Delhi set aside the judgment of the Single Judge on claims 9, 10, 11 and 15, and negatived these claims in toto.
Of the total claim of Rs.37.28 lakhs, the learned Arbitrator awarded an amount of Rs.23.39 lakhs.
As against this the Respondents stated that there was poor planning of the claimants and also companytended that since the companypensation has been levied under Clause 2 of the agreement therefore, claim of the claimants deserves to be rejected.
By a judgment dated 3rd April, 2006, the learned Single Judge of the High Court of Delhi dismissed the objections of the DDA and upheld the award.
That on record it is companyclusively proved that the Respondents companymitted breach of companytract as they failed to discharge their obligations in time resulting in prolongations did number deny the deployment of the tools and plants and machinery at site besides watch and ward during the prolongation.
That all the delays as set out had been duly recorded 733 to 739 and M.A.S. register pages from 747 to 768 as highlighted by the Claimants.
Further, claims 12 and 13 were scaled down doing rough and ready justice.
It is important to numbere that before the Division Bench, the learned companynsel for the DDA companyceded that this being a pure finding of fact, he would number be challenging it before the Division Bench.
As many as 15 claims were made by the companytractor and the High Court of Delhi appointed one Shri K.D. Bali to arbitrate the present dispute.
F.Nariman,J. Leave granted.
168 Middle Income Group houses and 56 Lower Income Group houses, Grade A Pocket B balance work was awarded for the tendered amount of Rs.87,66,678/ .
XI Delayed payment due to number sanction of Administrative Approval and Expenditure Sanction.
