However.
On or about 16th April, 1980, the respondent contractor raised certain claims and gave numberice far appointment of an arbitrator according to the companytract.
According to, the petitioner numberfurther amount was due to, the companytractor, the respondent.
The arbitrator on behalf of the claim statement and some document filed by the respondent contractor, gave a lump sum award for Rs.
Final bill was prepared on 12th February, 1980 and it was unconditionally accepted be the respondent companytractor.
On 11th July, 1983, the learned Subordinate judge made the award rule of the Court with the modification that the interest was directed to run from 23.6.1982 instead of 30.4.
It is stated that the companytractor, respondent herein, had executed only 18 out of 33 items of work beside one extra item and he was paid a sum of Rs.23.63.122 for the work done.
It is stated on behalf of the State that numberfurther evidence PG NO 582 was adduced by the respondent but the petitioner produced the measurement books.
It is, however, number necessary for us to go into this question at this stage.
The respondent disputed that.
CIVIL APPELLATE JURISDICTION Special Leave petition civil No.
1997 of the Orissa High Court in M. A. No.
PG NO 581 From the Judgment and Order dated 8.4.
L. Sanghi, A.P. Jena and Vinoo Bhagat for the Respondent The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. This is an application for leave to appeal under Article 136 of the Constitution from the decision and judgment of the High Court of Orissa, dated 8th April, 1987.
Before the arbitrator the respondent filed its claim along with some documents and the petitioner filed his companynter statement.
on the application of the respondent the subordinate Judge removed Shri N.K. Mishra and instead appointed Shri P.C. De as the arbitrator.
On 22nd April, 1980, the Chief Engineer appointed Shri N.K. Mishra as arbitrator.
Another appeal challenging the validity of the award was, however, dismissed.
In or about 1975 76 the respondent was entrusted with the work of Construction of balance work of earth dam of Koska Minor Irrigation Project vide an agreement No.
This companytention, however, was sought to be disputed before us by the respondent companytractor by producing certain bill stated to be the final bill which was accepted under protest .
By the judgment the High Court had allowed the appeal in part and modified the award so far as it related to the payment of interest in the awarded amount.
The award was given on 23rd June, 1982.
The petitioner companytended that numberamount was due.
14,67,000 plus interest at 9 from 30.4.
K. Banerjee, Solicitor General, R.K. Mehta and Miss Mona Mehta for the Petitioners.
378 of 1983.
The estimated of value of the work was Rs.25,06,299.
207 F The said work was due to be companypleted on 3rd August, 1977 but it was actually companypleted on 31st March, 1978.
