- (1.) This appeal is filed against the judgment and order dated 11-7-2000 of the High Court of Gujarat at Ahmedabad in First Appeal No. 418 of 1986 whereby the High Court set aside the award dated 3-5-1985 passed by the Arbitrator. The High Court set aside the aforesaid award on the following reasonings : (a) that an arbitrator or umpire has mis-conducted himself in the proceedings; (b) that there appears to be an error on the face of the record inasmuch as the Umpire has overlooked clauses 14 and 18 of the Arbitration Agreement; (c) that the Umpire has travelled beyond the scope of the contract between the parties on certain items and claims and (d) that he has rendered lump sum award making it totally unintelligible. On the aforesaid premises the award was set aside.
(2.) In the present case the contractor claimed Rs. 30,425/- for abandonment of contract. This was the first claim. The second claim was for Rs. 30,213/- for illegal deductions made by ONGC. The third claim was for Rs. 2,00,000/- for not supplying the material in time by the ONGC. The fourth claim was loss occasioned by the contractor for keeping his establishment alive and on this head the claim was for Rs. 3,50,000/-. The fifth claim was loss of profit at the rate of 20 percent amounting Rs. 1,80,000/-. Last claim was interest at the rate of 18% p.a.
(3.) As already pointed out that the Arbitrator awarded Rs. 5,98,438/- as lump sum, we agree with the reasoning of the High Court that the award is. unintelligible.;