This appeal has been filed impugning the judgment of the Division Bench of the Kerala High Court dated 13/11/2002 whereby the learned Judges of the High Court, on an appeal by the respondent from a judgment by the Subordinate Judge, Ernakulam dated 1/1/1991, were pleased to disallow part of the claims which were granted in favour of the appellant by the arbitrator.
The claimant then applied for making the award into rule of the Court and vide order dated 1/1/1991, the III Additional Sub Judge, Ernakulam passed an order making the award rule of the Court.
Challenging the same, an appeal was filed before the High Court by the respondent herein.
With the rest of the award, learned Judges, however, did number interfere.
The matter was referred to the arbitration of a Sole Arbitrator who was a retired Judge of Kerala High Court.
Tender was submitted by the claimant which was accepted by the respondent.
An agreement dated 20/11/1986 was executed.
In terms of the agreement, the work was to be companypleted within 12 months, i.e. within 19/11/1987.
In the said appeal, Division Bench of the High Court was pleased, inter alia, to hold that the claimant appellant is number entitled to receive from the respondent an amount of Rs.3,63,344/ as companypensation for the loss caused to the appellant by way of gains prevented or loss of profit.
Claims and companynter claims were raised before the arbitrator.
After examining the rival companytentions, the arbitrator gave an award dated 16/03/1990 for an amount of Rs.19,51,334.25 with interest at the rate of 10 on Rs.18,86,700.23, the principal amount, from the date of award to the date of decree.
2 claimant appellant before us is that it companyld number be companypleted on account of delay on the part of the respondent in the supply of cement and steel, and also the delay in making available the drawings and for various other factors.
Heard companynsel for the parties.
The relevant facts of the case are as under.
Work companyld number be companypleted by that time and the case of the 2.
