DELHI DEVELOPMENT AUTHORITY Vs. SUNDER
LAWS(DLH)-2009-1-30
HIGH COURT OF DELHI
Decided on January 28,2009

DELHI DEVELOPMENT AUTHORITY Appellant
VERSUS
SUNDER LAL KHATRI Respondents


Referred Judgements :-

DELHI DEVELOPMENT AUTHORITY V. SUDHIR BROTHERS [REFERRED TO]
UNION OF INDIA V. SHREE SHANKAR VIJAY TIMBER INDUSTRIES [REFERRED TO]
DELHI DEVELOPMENT AUTHORITY V. BHAGAT CONSTRUCTION CO. (P) LTD. AND ANR. [REFERRED TO]
MUNICIPAL CORPORATION OF DELHI VS. JAGAN NATH ASHOK KUMAR [REFERRED TO]
VISHWANATH SOOD VS. UNION OF INDIA [REFERRED TO]
DELHI DEVELOPMENT AUTHORITY VS. ALKARAM [REFERRED TO]
COLLEGE OF VOCATIONAL STUDIES VS. S S JAITELY [REFERRED TO]
ANANT RAJ AGENCIES VS. DELHI DEVELOPMENT AUTHORITY [REFERRED TO]
UNION OF INDIA (UOI) VS. ROYAL CONSTRUCTION [REFERRED TO]



Cited Judgements :-

N E LINK EXPRESS VS. MAHANAGAR TELEPHONE NIGAM LTD [LAWS(DLH)-2009-8-153] [REFERRED TO]
NATIONAL HIGHWAYS AUTHORITY OF INDIA VS. LANCO INFRATECH LTD. [LAWS(DLH)-2014-3-231] [REFERRED TO]
DELHI DEVELOPMENT AUTHORITY VS. G S LUTHRA [LAWS(DLH)-2011-3-228] [REFERRED TO]
NEW DELHI MUNICIPAL COUNCIL VS. NATIONAL BUILDING CONSTRUCTION CORPORATION LTD [LAWS(DLH)-2012-2-396] [REFERRED TO]
SUKUMAR CHAND JAIN AND ANR. VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2009-11-319] [REFERRED TO]
INDIAN INSTITUTE OF YOUTH WELFARE VS. TRIBAL CO-OPERATIVE MARKETING DEVELOPMENT FEDERATION OF INDIA LTD. [LAWS(DLH)-2009-12-354] [REFERRED TO]
CHANDER KANT AND CO. VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2009-11-216] [REFERRED TO]
DELHI TRANSPORT CORPORATION VS. CAPITAL BODY BUILDERS AND ANR. [LAWS(DLH)-2009-7-419] [REFERRED TO]
DELHI JAL BOARD VS. V K DEWAN AND CO [LAWS(DLH)-2010-10-322] [REFERRED]


JUDGEMENT

Vipin Sanghi, J. - (1.)This is an appeal against the judgment of the learned Single Judge dated 16th March, 2006 dismissing the objections preferred by the appellant/Delhi Development Authority (for short 'DDA') to the award dated 1st August, 1992 passed by a Sole Arbitrator in favour of the respondent/Contractor.
(2.)The respondent/contractors M/s. Sunder Lal Khatri & Sons were awarded the contract for construction of 192 LIG Houses at Shalimar Bagh, Block No. A, Pocket-J vide Agreement No. 4/EE/DDV/80-81. The work was to be completed by 8th May, 1981 but the same could not be completed even till the end of 1984. Ultimately, 'the contract was rescinded by the appellant/DDA on 1st December, 1984. The DDA also imposed penalty under clause 2 of the contract in January 1985. The respondent/contractor invoked the arbitration clause raising five claims, of which Claims No. 4 and 5 are relevant and read as follows:-
"Claim No. 4: Rs. 15,00,000/- towards damages as the work could not be completed within the contract period of account of alleged failure on the part of respondents. Claim No. 5: Interest @ 18% pendentelite."

(3.)The appellant had also raised various counter claims, of which Counter Claim No. 1 alone is relevant and the same reads as follows:- "Counter Claim No. 1: Rs. 1,90,436/- levied as compensation under clause 2 of the agreement."


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