An agreement was entered into between the appellant and the respondent For execution of the work called providing lining to bet and side slopes of Pamidipadu Branch Canal of N.S. Canals from K.M. 0 0 008 to 1 00 004 KM, four separate agreements were entered into.
2 1,600 Rs.
Claims Amount claimed Amount awarded L Towards loss of advances to labour Rs, 40,000 Rs.
No No.
10/SE dated 20.5.
8/SE, dated 20 5 82 Rs.
A.S. No.
3,73,486 final Bill, withheld amounts and damages.
7,200 and Rs.
20,000 3.
As is usual in such companytracts, disputes arose arid these were referred to sole arbitrator who gave separate awards dated April 18, 1986 in respect of each of the agreements as under SI.
At the same time, the award also directed payment of interest at the rate of 18 per annum on the amounts so awarded.
28,800 Rs.
A.S. No.
Bank Guarantee and damages.
82 work number executed Rs.
10,000 Rs.5,000 4 Loss of Profit Ks.
To understand the rival companytentions we may refer to one of the awards in agreement No, 11/SE serial No.
30,000 Rs.
A.S. N0.9/SE, dated 20,5.82 Rs, 4,08,377 final Bill, withheld amounts and damages.
40,000 2 Towards loss of advance on machinery and crew Rs.
Two objections have been raised by Mrs. K. Amareshwari, Senior Advocate appearing for the appellant 1 cross objections are number maintainable under Section 41 of the Act and 2 the arbitrator companyld number award interest for the period prior to reference of disputes to him.
1 1/SE, dated 20,5.82 work number executed Rs.
4 above .
1,23,250 E.MD.,
The arbitrator allowed five claims of the respondents and these are SI.
40,000 Rs.20,000 Damages towards delay in payments under four claims Rs.
1,23,250 E.M.D., Bank Guarantee and damages.
Not only that the arbitrator awarded interest over interest which he had numberauthority to do.
of agreement Amount awarded A.S No.
