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1993 DIGILAW 631 (DEL)

SUDHIR BROTHERS v. DELHI DEVELOPMENT AUTHORITY

1993-10-28

P.N.NAG

body1993
P. N. Nag ( 1 ) DISPUTES having been arisen between the petitioner and respondent No. 1 out of an Agreement No. 10/ee/cd-1/1981-82for "construction of64 three bed rooms (Type III), 64 two bed rooms (Typeii) and 96 Scooter Garages under S. F. S. At Pitampura. Pocket L. Dakshinii/c Internal Services", the same were referred to the sole arbitration of Shriv. D. Tiwari who was appointed by Engineer Member. D. D. A. vide letterno. EM 2 (42)83/arbn. /3726-30 dated 12. 3. 1990, who after having enteredupon the reference gave an award dated 31. 5. 1991 in favour of the petitionerfor an amount of Rs. 15,50,780. 00 along with certain rates of interest asmentioned in the award. ( 2 ) THE aforesaid award dated 31. 5. 1991 has been filed into thiscourt. The respondent, DDA, has filed objections by way of IA 1409/92under Sections 30 and 33 of the Arbitration Act against the award. ( 3 ) THE petitioner also filed objections by way of IA 12213/91 undersections 30 and 33 of the Arbitration Act against the award. ( 4 ) COUNSEL for the petitioner seeks permission of this court to withdraw IA 12213/91. Permission is hereby granted and IA 12213/91 dismissedas withdrawn. ( 5 ) SO far as IA. 1409/92 is concerned, none has put in appearance onbehalf of the objector/dda though the matter has been appearing in thecause list in the category of "short Cause" since 24. 9. 1993. That matter wasalso called out by this Court on 26. 10. 1993 but none appeared for therespondents but in the interest of justice no orders were passed on thatdate. Therefore, the objections filed by the DDA. (by way of IA. 1409/92)stand unsubstantiated. IA 1409/92 is, therefore, dismissed. ( 6 ) I have perused the award and to my mind there is no errorapparent on the face of the record. The award dated 31. 5. 1991 given by thearbitration, marked Ext. C-l,consequsntly is made a rule of the Court anddecree passed in terms thereof. Ext. C-1 shall form part of the decree. Thepetitioner shall also be entitled to interest @ 12% p. a. from the date of thedecree till its realisation. In the circumstances of this case, I make no order as to costs. Order accordingly.