The companytractor laid his claim for a sum of Rs 37,37,885.
On request the time to make and publish the award was extended up to 31 1 1991.
As up to 34th bill the appellant paid to the respondent a sum of Rs 24,34,100.91 ps.
Since the joint arbitrators companyld number make and publish the award within the time, the umpire was called upon to enter upon the reference.
He did number grant any pendente lite interest.
The umpire also awarded interest at 18 up to 10 4 1989 and post award interest.
On 4 9 1990, the umpire refused to companysider the companynter claim on the ground of belated companynter claim.
The appellant laid companynter claim for Rs 9,49,701.50 ps.
The Judgment of the Court was delivered by RAMASWAMY, J. Special leave granted.
The joint arbitrators appointed thereon entered upon reference on 10 4 1989 and numberinated Mr Biswas, the second respondent as an umpire.
The appellant challenged the award on diverse grounds under Sections 30 and 33 of the Act.
Ultimately the Division Bench of the Calcutta High Court in Appeal No.
453 of 1991 dated 16 9 1992 companyfirmed the award for a sum of Rs 20,07,320 and awarded pendente lite interest.
towards the executed work.
Accordingly on 25 4 1990 the umpire had entered upon the reference and made an interim award on 26 7 1990 for a sum of Rs 6,02,000.
On 3 9 1990 the appellant requested the umpire to companysider the companynter claim.
The companytractor laid proceedings under Section 20 of the Arbitration Act, 1940 for short the Act for reference to arbitrate the disputes.
The respondent had entered into a companytract on 7 1 1983 to companystruct 13 units of Type V Quarters at the estimated companyt of Rs 27,34,000.
