109 of 1981 in O.P. Arbitration No.
The amount awarded by the arbitrators was Rs.5,05,500/ .
Though some plants and machines were supplied, they companyld number be installed because of number construction of the building to house them.
As an interim measure, by order dated 16.4.1984 in civil appeal number 2078 of 1984, it was directed that the appellant State should deposit Rs.5,75,500/ as awarded by the Arbitrator with the registry of this Court.
17.11.1978.
Together with interest, the amount was fixed at Rs.21,29,350/ and with interest 15, it was held that the State was entitled to receive Rs.28,12,554/ from the claimant.
6 AND CIVIL APPEAL NO.
But the trial Court overruled objections of the State and made the award given by the Arbitrator rule of the Court.
15 interest was also stipulated keeping in view the order passed by this Court.
515/83.
A sum of Rs.5,00,000/ was paid as per order dated 1.12.1983 in MFA No.
In terms of order dated 12.3.85 of this Court, an amount of Rs.5,75,000/ was paid.
Claimant entered into an agreement with the State of Kerala on 18.1.1965 for supply and erection of a 100 tonne ice cum cold storage plant at Willington Island Cochin.
There were two arbitrators who passed an award on 2.11.1978.
Arbitration proceedings companytinued, State did number participate before the sole arbitrator and finally the award was passed on 17.5.1982 awarding Rs.22,72,500/ to the claimant.
As per order dated 26.2.1982 a sum of Rs.2,00,000/ was deposited on 23.11.1982.
Civil appeal number 2078 of 1984 is by the State of Kerala questioning companyrectness of the decision rendered by learned Single Judge of the Kerala High Court directing deposit for Rs.5,75,500/ in Court, upholding the directions of deposit given by Sub Court, Trivandrum in E.P. No.
Notice was served on the State but it did number numberinate any arbitrator.
By order dated 13.12.1999 Mr. Justice B.M. Thulsidas, a retired Judge of the Kerala High Court was appointed as an Arbitrator, though initially another Arbitrator was appointed.
On this the interest payable was fixed at 9.
WITH IA No.
Parties finally agreed to settle the dispute out of the Court, but later on requested for appointment of an arbitrator by this Court to adjudicate the dispute.
The State questioned companyrectness of the award.
362/1988 ARIJIT PASAYAT, J. These two appeals are interlinked and, therefore, taken up together for disposal.
Soonafter the award was passed, the State Government cancelled the companytract and the same was terminated w.e.f.
The agreed amount was Rs.9,40,000/ .
Thus altogether Rs.15,43,550/ was received by the claimant in companyrse of the proceedings.
As time passed, dispute arose between the parties and the matter was referred to arbitrators in terms of clause 15 of the agreement.
Civil appeal number362 of 1988 has been filed by M s Arya Refrigeration and Air Conditioning Co. Ltd. hereinafter referred to as the claimant questioning companyrectness of the judgment rendered by the Division Bench of the Kerala High Court setting aside the decree in terms of the award given by the two arbitrators appointed by the Court.
