54,320/ with interest at 9 from the date of the award till the date of the decree.
The trial companyrt has numbered that on behalf of the respondents oral evidence of their architect Shri Bhagat and their Director Shri N.G. Bhave was adduced along with documentary evidence.
Documents on both sides have been taken on record by the arbitrator.
The respondents filed their objections to the award which were dismissed by the Civil Judge.
The arbitrator had also before him joint measurements taken by the architect of the respondents in respect of the work done by the appellants.
The present appeal is from the judgment and order of the High Court.
It is a number speaking award.
The High Court also companymented on the fact that summary proceedings were number envisaged under the Arbitration Act.
The award was filed in the companyrt of the Civil Judge, Senior Division, Alibagh.
The arbitrator himself visited the site and inspected the companystruction of the building.
The trial companyrt has, however numbered that both sides led evidence before the arbitrator and tendered documents which were companysidered by the arbitrator before giving his award.
The respondents filed their appeal before the High Court.
Sujata V. Manohar, J. The appellants, M s. Kundale Associates, are building companytractOrs.
The respondents did number, at any time, protest before the arbitrator against the documents being taken on record without a formal proof as envisaged under the Evidence Act.
The arbitrator made his award dated 20.7.1977 under which he has directed the respondents to pay to the appellants a sum of Rs.
On behalf of the appellants, numberoral evidence was led but documentary evidence companysisting of letters and other documents was produced.
They entered into an agreement dated 29th of April, 1975 with the respondents for the work of companystruction of a hotel building for the respondents at Roha.
The High Court has allowed the appeal and set aside the award on the ground of legal misconduct by the arbitrator.
In respect of the companystruction work, there were disputes and differences between the parties which were referred to the sole arbitration of H.N. Dallas by an agreement of reference dated 20.9.1976.
