DELHI DEVELOPMENT AUTHORITY vs M/S NARAINDAS R ISRANI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 30.01.2025 Pronounced on : 06.05.2025 + O.M.P. (COMM) 203/2020 DELHI DEVELOPMENT AUTHORITY ..... Petitioner Through: Ms. Kritika Gupta, Advocate Versus M/S NARAINDAS R ISRANI ..... Respondent Through: Mr.Vivekanand and Mr.Abhishek, CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present petition has been filed raising certain objections under Section 34 of the Arbitration & Conciliation Act, 1996 (hereafter, the „A&C Act‟) against the award dated 22.01.2009 (hereafter, the „impugned award‟) delivered by the Arbitral Tribunal comprising of Sole Arbitrator (hereafter, „AT‟) with respect to Claims No. 1&39, 5, 7, 14, 16, 20, 23, 28, 31, 34, 44, 45, 46, 47, 48&49. 2. The impugned award came to be delivered in the context of contract dated 24.12.1987 which came to be executed in consequence of a Public Tender invited by the petitioner for “Construction of 152 Nos. Houses for Cat-II & Cat-III (76 Cat-II & 76 Cat-III) & 114 Scooter garages i/c water supply etc. in Group-I under SFS Sector-I, Pocket K&Lat Sarita Vihar.” Signature Not Verified Digitally Signed O.M.P. (COMM) 203/2020 Page 1 of 25 By:GAUTAM ASWAL Signing Date:06.05.2025 18:00:55 The stipulated date of start of work was 03.01.1988 and stipulated date of completion was 02.04.1989. The work actually came to be completed on 31.03.1992. DISPUTES BEFORE THE ARBITRAL TRIBUNAL 3. The respondent/Claimant approached AT and filed forty-nine claims. The AT awarded Claim Nos. 2, 3, 4, 6, 8, 9, 10, 11, 12, 13, 15, 17,18, 19, 21, 22, 24, 25, 26, 27, 29, 30, 32, 33, 35, 36, 37, 38, 40, 41, 42, 43 in favour of the petitioner and Claim Nos. 1&39, 5, 7, 14, 16, 20, 23, 28, 31, 34,44, 45, 46, 47, 48&49 against the petitioner. At the time of issuance of the notice v