- (1.) THESE appeals are directed against an order made by the High court setting aside a decree which was passed in terms of the Award made by an Arbitrator when the dispute between parties was referred to him. There were as many as 11 claims made by the appellant and they are as follows :- JUDGEMENT_158_SCALE2_1999Html1.htm
(2.) THE Arbitrator awarded a lump sum of Rs. 23,48.116.00 to the extent the claim were found reasonable against claim 1,2,3,4,5,6,7,8,9,10 to the appellant. The High court found that the claim in respect of items 1 and 5 are totally unsupportable in law. Considering the nature of the matter very widely, the appellant did not pursue with these two claims in this court. If we exclude these two claims the balance of the claim will be much less than what was originally claimed by the appellant. In the ordinary course, we should have set aside the award and remanded the matter back to the Arbitrator to reassess the amount payable to the appellant except claim Nos. 1 and 5 inasmuch as, we are not in a position to ascertain the mind of the Arbitrator as to how 160 he awarded a lump sum amount of Rs. 23,48,116.00. However, considering the facts and circumstances of this case and the fact that the dispute between the parties has been pending since, 1978, we think the better course will be to direct payment of the amounts arising against the claims made by the appellant except claim Nos. 1 and 5 and those amounts shall be paid to the extent of 75 per cent We are deducing this amount bearing in mind the mode adopted by the Arbitrator. The amount payable thereon shall carry interest from the date of the decree made by the Civil court at 12 per cent per annum. The order of the High court and the decree of the trial court stand modified in the manner stated above. The appeals shall stand disposed of accordingly.;