Anil Associates vs Delhi Development Authority

Mahinder Narain, J.

(1) An award dated 13.02. 1991 has been filed by the arbitrator Mr. Om Prakash. Notice of filing of the award is served on both the parties. Only the D D.A has filed the objections to award. M/s. Anil Associates have not filed any objections.

(2) Only three objections have been filed. One relates to the award of Rs. 5,198.00 on account of loss of profit against a claim of Rs. 10.000.00. The arbitrator is the final judge. No reasons are disclosed as to why the award of this amount is not in accordance with law. This objection has no merit.

(3) Regarding the next objection, the D D.A. objects to payment of pendente lite interest awarded by the arbitrator. The arbitrator has awarded future interest, which according to Hindustan Construction Co. Ltd. Vs. State of Jammu and Kashmir, is within his jurisdiction to award. In this view of the matter, there is nothing in this objection of the defendant

(4) As regains the last objection that relates to a letter dated 19.06.1991. In this letter, the claimant is stated to have given up a sum of Rs. 5,198.00. Letter has not even been placed on record. No contention based upon a document which is not on record of the case ought to be adjudicated upon. Therefore, I find no merit in this objection.

(5) The award dated 19.02.1991 is made rule of the Court. The claimant would be entitled to interest as awarded by the arbitrator and interest in future at the same rate till the date of payment.