- (1.) Leave granted.
(2.) This appeal by special leave arises from the judgment and order dated May 2, 1996 of the Himachal Pradesh High Court passed in O. M. P. No. 626/93 in Ex. P. No. 27/1993. The admitted facts are that the respondent had entered into an agreement with the appellant to execute certain works pursuant to which there was a dispute which was referred to the Arbitrator, on directions of the High Court. The Arbitrator in the award dated April 25, 1992, stated as under : "After considering whole matter submitted to me by both the parties, both verbally and in writing I have come to this conclusion that delay lies on the part of the respondent-Executive Engineer. It is awarded that the plaintiffs shall be paid by the respondent-Executive Engineer an increase of 25% over and above their tendered rates for all works executed by them after the stipulated date of completion i. e. 21-5-89."
(3.) The award was made rule of the Court. In implementation of the award, the appellant worked out the details, as mentioned in the letter No. SDA(D)-Acctt-7/93-644-47 dated November 12, 1993, which reads as under : "With reference to your letter No. AV/SIM.604-93-94 dated 5-10-1993, I am enclosing herewith a cheque bearing No. 807801 dated 12-11-1993, amounting to Rupees 4,99,307/- on account of payment of award announced by the Director which has been made as rule of Court by the Hon'ble H. P. High Court. The details of the awarded amounts and recoveries due to be made from you are as under : JUDGEMENT_369_9_1997_1.html;