On the ground that disputes arose between the appellant and the respondent, the matter was referred to the arbitration as provided in the agreement.
In the Court of the Civil Judge the award was filed.
When this point was raised before the High Court, the High Court numbericed the finding of the arbitrators that all log books were number made available and even where they were made available by the appellant were number companyplete and even did number give any reasons and, where they companytained reasons, the same were number tenable.
By their written statement the appellant refuted the various claims of the respondent.
Shri Ranjit Kumar, the learned Senior Advocate appearing for the appellant, submitted that the award made by the arbitrators is number within the scope of the agreement entered into between the parties inasmuch as the claim for damages would arise except in the circumstances arising in the proviso to clause 1 of the terms of agreement, to which we have adverted to at the very outset.
1,74,338.98 by way of refund, while in regard to losses suffered on account of interruption in the power supply as a result of the negligence and acts of omission and companymission by the appellant a sum of Rs.
24,00,000 was awarded with interest at 12 with effect from 12.11.1986 up to the date of the award and interest 6 per annum from the date of the award till the date of payment.
On April 6, 1990 the arbitrators made an award for a sum of Rs.
Over ruling the objections of the appellant, the Civil Judge made a decree in terms of the award against which an appeal was preferred to the High Court and which appeal having been dismissed, this appeal by special leave is filed.
The respondent in the claim statement made various claims for refund of the amounts paid under various bills and for various losses suffered on account of various acts of companymission and omission of the appellant, details of which are set out therein.
J U D G M E N T RAJENDRA BABU, J. LITTTTTTTJ An agreement was entered into between the appellant and the respondent for supply of electrical energy and by virtue of clause 1 of the agreement, the supply of electrical energy shall be in form of a three phase alternating current at a pressure of approximately 400 Volts between phases, a frequency of approximately 80 cycles per second and a power number exceeding 744.12 KVA and the supply shall be available companytinuously during the 24 hours of each day and throughout the whole period of this agreement, provided always that the supplier shall number be responsible for damages or otherwise on account of accidental interruption of supply or stoppage or deficiency of energy caused by any order or direction issued by the Government of Uttar Pradesh or resulting from fire, flood, tempest or any accident or from any strike or lock out of workman or from any other cause beyond the companytrol of the supplier, but the supplier shall make every effort to restore the supply as soon as possible.
