S.P.SRIVASTAVA - (1.) Feeling aggrieved by a decree passed in terms of the award which has been made a rule of the Court, the plaintiff has now come up in appeal seeking reversal of the decree by setting aside the award in dispute.
(2.) We have heard Learned Standing Counsel representing the appellant and Sri S. P. Gupta, learned Senior Advocate representing the Contractor-respondent and have carefully perused the record.
(3.) The relevant facts, shorn of details and necessary for the disposal of this appeal preferred under Section 39 of the Arbitration Act, 1910, lie in a narrow compass. Under an agreement/contract entered into between the plaintiff appellant and the contractor-respondent, the tender submitted by the contractor for the lining of parallel upper Ganges canal between the reach K. M. 189.50 to K. M. 197.00 was to be completed in conformity in all respects with the stipulations in the contract for which the plaintiff had agreed to pay the contractor the amount specified in the agreement in consideration of the construction and completion of the work at the time and in the manner prescribed by the contract. The terms and conditions of the agreement/contract provided that if the contractor considered any work demanded of him to be outside the requirements of the contract and the contractor is dis-satisfied with the instructions or the decision of the Engineer-in-Chief he could within thirty days after receiving the instructions or decision, appeal to the Chief Engineer against whose decision the contractor could get the dispute referred to arbitration if he felt dis-satisfied with the same. The terms and conditions of the agreement provided further that all disputes or differences in respect of which the decision has not become final and conclusive shall be referred for arbitration to a sole arbitrator appointed in the manner prescribed. The aforesaid terms and conditions clearly provided that extra items of work shall not vitiate the contract and the contractor shall be bound to execute extra terms of work as directed by the Engineer-in-Charge. The rates of extra items were to be mutually agreed upon.;