- (1.) Heard counsel for the parties.
(2.) 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 relevant facts of the case are as under.
(3.) 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 completed within 12 months, i.e. within 19/11/1987. Work could not be completed by that time and the case of the claimant-appellant before us is that it could not be completed 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. The matter was referred to the arbitration of a Sole Arbitrator who was a retired Judge of Kerala High Court.;