- (1.) THE instant First Appeal From Order arises out of the judgment and order dated 18.4.2013, passed by the District Judge, Lucknow in Regular Suit No. 29/11, whereby the learned District Judge while partly allowing the suit modified the award dated 12.5.2011, rendered by the Sole Arbitrator.
(2.) THE facts in brief, are that the parties entered into an agreement according to which the respondent had to do certain work. The work order was issued on 16.2.2005 and the agreement was arrived at between the parties on 20.6.2006. As per the terms of the agreement the work was to be completed within six months. The total cost of the project was initially Rs. 7020574/ - which was subsequently reduced to Rs. 6278177/ -. The dispute between the parties arose when the respondent did not complete the work undertaken by him within the specified period and the respondent claimed the payment of certain amount for the work which he had done in pursuance of the agreement. As there was arbitration clause in the agreement, the respondent approached the Hon'ble High Court for appointment of Arbitrator and the Hon'ble the Chief Justice appointed the Sole Arbitrator.
(3.) THE parties appeared before the Arbitrator and filed their respective pleadings and evidence. The learned Arbitrator after considering the material placed before him, pronounced the award on 12.5.2011 with the finding that the respondent was entitled to recover the amount of Rs. 1513174.50 from 12.5.2011 till the final payment of the award along with the interest at the rate of 9% per annum. The respondent was also found entitled to recover from the appellant a sum of Rs. 1,00,000/ - as cost of the arbitration proceedings and Rs. 49500/ - as his share in the fee paid to the Arbitrator. Feeling aggrieved by the aforesaid award the appellants filed objections under Section 34 of the Arbitration and Conciliation Act, 1996 challenging the award of the Sole Arbitrator dated 12.5.2011. The learned District Judge decided the objections whereby he modified the award to the extent that the respondent was not entitled for any interest. The rest part of the award was upheld by the learned District Judge.;