Delhi Court December 1971 Judgments

Union of India Vs. Baldev Dutt and anr.

Court: Delhi

Reported in: ILR1972Delhi811

V.S. Deshpande, J. (1) Respondent No. 1 (hereinafter called the Contractor) entered into a contract with the President of India, the Union of India for the purpose of this litigation (hereinafter called the Government) to carry out the work of development of land (Levelling and Dressing) in 1964. The work was to be completed by June 1965. The progress of the work was, however, delayed beyond that date. The delay, according to the Contractor, was due to the failure of the Government to perform their part of the contract while the Government threatened to hold the Contractor liable for payment of compensation for delay under Clause 2(2) At the request of the Contractor made on 13-4-1967 the Additional Chief Engineer appointed Shri v. K.. Gupta, Superintending Engineer. as the arbitrator and referred to him the disputes whether due to the default of the. Government time had ceased to be the essence of the contract, whether the contract ceased to subsist after 12-6-1965 and whether the Con...