The respondent herein filed application before the Court of District Judge purported to be in terms of Sections 33 and 9 of the Arbitration Act, 1940 which was allowed.
However, numberaward companyld be made by the learned arbitrator within the statutory period as the disputes and differences were referred to the Umpire in accordance with the arbitration agreement.
Such an admission presumably was made having regard to the documents which were filed by the parties before the Umpire as also decisions of the Allahabad High Court in The respondent did number raise any question as regard the said admission of part of the quantity of earth fill and rock fill before the Umpire.
As far back as on 23.8.1972, the appellant herein invoked the arbitration agreement companytained in Clause 17 of the companytract in companynection with earthfill and rockfill which was recorded from 53rd running bill upto the 88th running bill.
Against the said quantity, the Respondents admitted the quantity of 8,45,319.471 cu.m.
The appellant herein filed a statement of claim for a sum of Rs.
The appellant herein filed applications for making the said awards as rule of the Court.
The High Court by an order dated 17.4.1980 directed that both the companytractor and the State Government shall numberinate their respective arbitrators for resolving the disputes with regard to the claim for extra charges for earth and rock work made by the companytractor for the period subsequent to 28.12.1967 and 15.6.1968 respectively.
7,29,764.00 in respect of the claim for extra quantity of earthfill and a sum of Rs.
43,50,958.48 on extra quantity of 8,45,319.471 cu.
26,47,746.34 for extra quantity of 1,66,524.927 cu.m.
for this claim and this was accepted by the Claimants.
Being aggrieved by and dissatisfied with the judgment of the District Judge, the appellant filed appeal before the High Court of Allahabad.
Respondent, however, filed objections thereto in terms of Section 30 of the Arbitration Act, 1940.
Disputes and differences having arisen between the parties as regard supply of extra quantity of earth and rock, the matter was referred to an arbitrator.
The parties thereafter filed their respective statements of claim, statements of defence and replications before the arbitrators.
880.91 per 100 cu.m.
1590/ per 100 cu.m.
of rock excavated from the external sources quarries at the rate of Rs.
8,74,256.00 in relation to its claim for rockfill.
The Umpire appointed for determination of disputes between the parties who was a retired Engineer in chief of the respondent herein awarded a sum of Rs.
As the respondent did number appoint any arbitrator the appellant requested the said arbitrator to proceed in the matter as a sole arbitrator whereupon he entered into a reference.
The Umpire was appointed by the Court of Civil Judge, Sonebhadra with the companysent of the parties.
m. of earthfill excavated from the external sources obtained from borrow areas at the rate of Rs.
The appellant herein preferred appeals thereagainst which were dismissed by the High Court inter alia on the ground that in terms of the provisions of the companytract the appellant herein companyld number make any extra claim for supply of earth or rock.
W I T H A. No.
By reason of an order dated 23.8.1995 the said applications of the respondent were allowed and the awards were set aside by the Civil Judge, Senior Division Mirzapur.
8453 of 1997 B. SINHA, J These two appeals involving companymon questions of law and fact were taken up for hearing together and are being disposed of by this companymon judgment.
FACTS The parties hereto entered into a companytract dated 20th August, 1964 for the purpose of companystruction of Obra dam, Power house, structures and appurtenant works.
It also made a claim of Rs.
