2003 Supp 2 SCR 55 The following Order of the Court was delivered Under a companytract entered into by and between the appellant and the respondent, the respondent undertook companystruction of bridge cum fall at Munda Khera Scape at the estimated companyt of Rs.
The appellant herein filed a petition, inter alia, on the ground that the arbitrator has misconducted the proceedings, inasmuch as the force majeure companytained in Clause 47 disentitled the respondent from making any claim which was on account of unprecedented rain.
The respondent contractor herein filed a claim on account of loss sustained by him due to flooding of the work area.
While the work was in progress, the work area was flooded in the night of August 25 and 26, 1991.
12,55,365 together with interest at the rate of 18 per cent from 1.11.1991 till the date of the award and 6 per cent thereafter.
The arbitrator gave an award for payment of a sum of Rs.
37.2 lakhs.
The appellant thereafter filed a first appeal from order before the High Court and the same was dismissed.
The said objection was rejected and the award was made rule of the Court.
The respondent filed the award for being made rule of the Court.
It is against the said judgment, the appellant is in appeal before us.
Ultimately, the matter was referred to an arbitrator.
