I also filed a petition under Section 30 of the Act which was dismissed.
Before the arbitrator the appellant claimed Rs.
161 of 1986 and 781 of 1986 by the High Court of Kerala.
The appellant herein, who is a mining companytractor entered into an agreement with respondent No.
Two appeals were filed before the High Court and the High Court by the companymon impugned judgment and order held that there was legal misconduct on the part of the arbitrator and accordingly set aside the award except the finding that the present appellant was entitled to refund of the earnest money deposited.
The respondent No.
The arbitrator framed as many as 51 issues and after recording his findings a sum of Rs.
A companynter claim was also filed by respondent No.
3,29,648.99 paise alongwith interest .
The disputes between the parties were referred to the arbitrator, who has been made a party in the present appeal namely respondent No.
24,02,272/under 10 heads along with interest.
It was agreed between the parties that appellant would supply 2,02,000 tonnes of raw sand at the average rate of 920 tonnes per day.
I for Rs.
I namely Indian Rare Earths Ltd. for mining, companylection and supply of raw sand during the period from 1.6.1979 to 31.5.1980.
Hence the present appeal.
5,40,191.10 paise with interest 15 per annum from 11.11.82 upto the date of decree was awarded in favour of the appellant.
The award was made a rule of the Court on a petition filed by the appellant under Section 17 of the Arbitration Act, 1940 for short the Act .
The appellant failed to supply entire quantity and supplied only 1,72,489.24 tonnes.
N. PHUKAN, J This appeal is directed against the companymon judgment and order dated 25.05.1987 passed in M.F.A. No.
For the purpose of appreciating the points urged in this appeal we may briefly state the facts.
