The award was made on 29th July, 1985.
The claims were made by the appellant, a companytractor, against the respondents, officers of the State Government, in respect of an excavation companytract for KM 11.711 to KM 13.287 of the Darsi Branch Canal for an amount of Rs.
It is the case of the appellant that their advocate informed the Additional Government Pleader in writing of the receipt of the award on 5th August, 1985.
50, 89,342.
4.36 p. for excavation of 1 Cum of FFR with 10 overheads under Claim 3.
6 SCR 266 The Judgment of the Court was delivered by BHARUCHA, J. These are appeals by special leave against the judgment and order of the High Court of Andhra Pradesh whereby the High Court set aside the arbitration award in respect of claims 2, 3, 7, 8 and 12 and modified the award in respect of claims 5, 6, 13 and 14.
1,38,878 in respect of Claim 3, Claim 7 was for extra companyt due to baling out of water.
It is important to numbere that for the extra work that was done the appellant was paid at the companytract rate.
119,Under the Arbitration Act, 1940.
The relevant provision of the Limitation Act, 1963 is Article 119 b and it reads thus Description of suits Period of Limitation Time from which period begins to run.
1,15,945 for Claim 7.
The petition to challenge the award was filed by the respondents on 6th September, 1985.
It was sent by the arbitrator to the companyrt on 31st July, 1985 and was received by the companyrt at 12 numbern on 5th August, 1985.
The arbitrator awarded Rs.
On 7th August, 1985, the companyrt issued numberice of the award and it was received by the respondents on 10th August, 1985.
6.97 p. for excavation of 1 Cum HR with 10 overheads and Rs.
The arbitrator awarded an extra rate of Rs.
a b for setting aside an award or getting an award remitted for reconsideration.
1994 SUPPL.
Two issues were raised before the High Court, and they are raised before this Court, namely, i whether the petition filed by the respondents to set aside the award under sections 30 and 33 of the Arbitration Act was barred by time, and ii whether the award was vitiated in regard to certain claims.
What was number sought was an increase in the rate that had been tendered by the appellant and accepted.
Claim 3 was for extra rate for excavation of rocks, i.e F.F. rock, hard rock, etc.
The arbitrator awarded Rs.
7,45,025 and Rs.
