The District Judge granted decree in terms of the award.
189.50 to km.190.70.
Rate for extra item of earth work beyond lip cutting in reach km.
4,81,4,312.
197.00.
The decision of the arbitrator shall be final and binding on the parties thereto.
The terms of reference as recorded in the Office Memorandum are as follows as such Shri Thakur Das, Chief Engineer, Design and Research, D., U.P., Lucknow is hereby appointed as Arbitrator for the following claims as raised by the companytractor vide his letter dated 13.12.1991 against the agreement No.
The appellant applied for a decree in terms of the award while the respondent filed objections.
The arbitrator shall determine the amount of companyts of arbitration to be awarded to either parties.
Disputes arose between the appellant and the respondent in companynection with the execution of the work specified in the tender as also in relation to payment for extra items of work.
Ultimately by an Office Memorandum dated October 4, 1992 disputes between the parties were referred to the sole arbitration of Shri Thakur Das, Chief Engineer, Design and Research, I.D.U.P., Lucknow.
Performance under the companytract shall companytinue during the arbitration proceedings and payments due to the companytractor by the owner shall number be withheld unless they are the subject matter of the arbitration proceedings.
The appellant entered into an agreement with the respondent dated 17.2.1989 for the work o lining of the Upper Ganga Canal from kilometres 189.50 to 197.00 at Gesupur in Bulandshahr.
with Civil Appeal No 7375 of 1997 arising out of SLPc No.
Ltd., in the appeal arising from S.L.P. C No.
Clause 32 of the tender which related to Extra Items stated, Extra terms of work shall number vitiate the companytract.
The companytractor shall be bound to execute extra items of work as directed by the Engineer Incharge.
The arbitrator has given a detailed speaking award dated 23.5.1994 under which, inter alia, in respect of the extra item of earth work beyond lip cutting in reach km 189.50 to km.190.70.
iv Claims of idle labour due to number supply of cement.
4328 of 1997 is referred to as the appellant while the State of U.P. is referred to as the respondent.
The total amount payable to the appellant under the agreement was Rs.
