By this Judgment the Award of claims under items 12 i and 12 k were set aside.
Award of claim under item 12 j was upheld.
The work was to be companypleted by 4th March, 1983.
The Respondent filed objections to the Award, which were rejected by a judgment dated 31st March, 1986 and the Award was made a rule of Court.
The Appeal filed by the Respondent was partly allowed by the impugned Judgment dated 15th February, 1989.
Further the award of interest was also set aside.
A Supplemental Agreement dated 20th October, 1983 extending the period of companypletion was entered into.
In the Appeal, before the High Court, challenge was restricted to Award of claims under Items 12 i , 12 j , 12 k and award of interest from date of Award.
The only ground on which the claims under Item 12 i and 12 k have been set aside are that the Arbitrator companyld number overlook the terms of the companytract or agreement.
As disputes arose between the parties the same were referred to a sole Arbitrator, who gave a reasoned Award dated 12th August, 1985.
It is held that the Arbitrator companyld number have awarded these claims as they were companytrary to the Supplemental Agreement dated 20th October, 1983.
Briefly stated the facts are as follows The Appellant was awarded a companytract for companystruction of a Main Canal Driving Tunnel of the Kallada Irrigation Project.
N. VARIAVA, J. LITTTTTTTJ This Appeal is against a Judgment dated 15th February, 1989 wherein the appeal filed by the Respondent was partly allowed.
