The said directions are as under The plaintiff petitioner, has already observed, wants a decree in the terms of modified Award in the sense that whatever has been awarded to him under doubt retained in addition to awarding his claim to loss of profit on illegal termination of the companytract and has claim to waiver of interest while the Defendant, Respondent wants it to be either set aside or remitted.
The material portion of the order of the High Court is as under It appears that at the instance of the application of the respondents the learned trial Judge has set aside the interim award and remanded the matter back to the sole arbitrator, for fresh hearing.
An interim order was passed whereby the appellant was directed to pay the final bill to the respondent in relation whereof an application was filed by the respondent purported to be under Section 18 of the Act.
2003 Supp 3 SCR 891 The following Order of the Court was delivered The appellant and the respondent entered into an agreement under which the respondent undertook to companystruct certain project.
44/1995 was finally decided, whereby the award dated 21.1.1995 was set aside and the matter was remitted back for fresh arbitration and the sole arbitrator was directed to reconsider the matter.
By reason of the impugned order, a learned Judge relying on and on the basis of preparation of the final bill by the Executive Engineer directed the appellant herein to pay a sum of Rs.
The appellant herein from time to time issued work orders which the respondent alleges to have companypleted.
Subsequently, the arbitrator filed an interim award before the Civil Judge Sr.
An arbitrator was appointed who gave an award.
116 of the paper book and the letter of the Government is at page number 124.
After the numberices were issued, the respondent filed an application for making the said interim award a rule of companyrt.
The matter is very old and as per the interim order passed earlier, the Government has deposited the amount to be paid to the petitioner.
26,62,856 together with interest accrued thereon on bank guarantee being furnished by the respondent herein.
The respondent herein filed a revision application before the Aurangabad Bench of the Bombay High Court.
The Government by its letter dt.
If these two documents are taken into account, the present petitioner is definitely entitled to get the amount already deposited in the Sangli Urban Banks Branch at Beed.
Division for being made rule of the companyrt.
The respondent has already deposited Rs.
Civil Suit No.
27,76,604 to the present petitioner.
