Delhi Development Authority v. M/S K.C Chibber & Co.
Case brief
What is this about?
In this O.M.P., the Division Bench set aside an arbitral award dismissing the DDA's counter claims for failing to adjudicate them on merits, noting that a pending appeal to the Double Bench did not prevent such adjudication.
What did the court decide?
The impugned award dated 4th July 2010 is set aside; Mr. H.P. Sharma (Retd. ADJ) is appointed as sole arbitrator to adjudicate the counter claims.
What the court decided
$~2
- IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 18th July, 2019
- O.M.P. 768/2011
DELHI DEVELOPMENT AUTHORITY ..... Petitioner Through: Mr. Dhanesh Relan, Standing counsel (M-9910247777)
versus
M/S K.C CHIBBER & CO ..... Respondent Through: Mr. K.C. Chibber, present in person (M-981052876)
CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J. (Oral)
- The Respondent (`Contractor’) was awarded a contract for construction of 936 Janta Houses at Pitampura (Poorvi), Pocket-V, Delhi, by the DDA. Disputes had arisen between the parties. The contractor had preferred various claims and the DDA had raised its counter claims. The claims of the contractor were allowed and the counter claims were dismissed by the Ld. Sole Arbitrator – Mr. O.P. Goel vide his award dated 30th December, 2005. The said award was challenged before this Court and vide judgment dated 23rd July, 2009, a Ld. Single Judge had set aside the entire award in the following terms:
“17. I consider that in such a case where DDA officials and the contractor are found hand in glove to deprive the common man of his right to live in safe houses, it would have been expected of the Arbitrator that he should have recommended strong action against the contractor and should have recommended that the contractor should be black-listed for future and action should have been recommended against DDA officials,
Issues for consideration
2 issues framed by the court
Whether the counter claims of the DDA dismissed by the arbitrator based on the pendency of an appeal deserve to be adjudicated on merits.
Whether the impugned arbitral award dismissing the counter claims without hearing on merits is sustainable.
Parties & counsel
- petitioner
DELHI DEVELOPMENT AUTHORITY
- respondent
M/S K.C CHIBBER & CO
Coram
PRATHIBA M. SINGH
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court