Gurumukh Singh And Co v. Mcd

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 12.07.2018

Pronounced on: 08.04.2019 + FAO (OS) 558/2012 KUBER CONSTRUCTION CO.

..... Appellant versus GOVT. OF NCT OF DELHI ..... Respondent + FAO (OS) 570/2012 GURUMUKH SINGH AND CO.

..... Appellant versus MCD ..... Respondents Through : Sh. Sandeep Sharma and Sh.

Aman Dhyani, Advocates, for appellants.

Ms. Jyoti Taneja, Advocate, for GNCTD.

Ms. Mini Pushkarna, Standing Counsel with Ms. Swagata Bhuyan and Ms. Shiva Pandey, Advocates, for MCD.

Sh. Pawan Mathur, Standing Counsel, for DDA.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A.K. CHAWLA MR. JUSTICE S. RAVINDRA BHAT % 1.

FAO (OS) 431/2012 and FAO (OS) 570/2012 have to succeed. They are accordingly allowed. The matter is remitted to learned Single Judge to deal with the merits of the award on the question on the findings of the arbitrators in the two cases with respect to the admissibility of the claims which was brushed aside on the ground that Sukumar Jain and GSC had issued valid no objection certificates or agreed not to claim compensation. FAO (OS) 558/2012 & 570/2012

No opinion is expressed on the merits of the findings rendered in the award on the heads of claim.

2.

FAO(OS) 558/2012 (Kuber's appeal) on the other hand has to fail. Accordingly, FAO(OS) 431/2012 and FAO(OS) 570/2012 are partly allowed in the above terms. The parties in each of the two appeals [FAO (OS) 431/2012 & FAO(OS) 570/2012] are directed to be present before the concerned learned Single Judge, according to Roster allocation, on 30.04.2019. FAO(OS) 558/2012 is dismissed. There shall be no order on costs, in the circumstances.

3.

For detailed judgment, the decision dated 08.04.2019 in FAO(OS) 431/2012 may be referred to.

S. RAVINDRA BHAT (JUDGE) A.K. CHAWLA (JUDGE) APRIL 8, 2019 FAO (OS) 558/2012 & 570/2012