G. D. Dubey, J.- - - (1.) THESE two appeal raise common questions of law and facts and, therefore, are being disposed of by this judgment. F. A. F. O. No. 364 of 1980 arises from an order of Civil Judge, Mirzapur, dated 12th March, 1980 in Original Suit No. 56 of 1977 : M/s. Aryavart Nirman Ltd. v. U. P. State Electricity Board. F. A. F. O. No. 365 of 1980 arises from an order of Civil Judge, Mirzapur on the aforesaid date in Original Suit No. 57 of 1977: M/s. Aryavart Nirman Ltd. v. U. P. State Electricity Board.
(2.) THE matter in F. A. F. O. No. 364 of 1980 relates to a contract agreement between the parties entered on 7-5-1971. In the other appeal, contract agreement took place between the parties on 30-5-1977. Per both contracts, the respondent was required to execute certain works at Obra THErmal Power Station. It is not necessary to give the details. After a dispute arose between the parties, the matter was referred to the arbitration. THE respondent had appointed Sri A. K. Sen as arbitrator. THE appellant appointed Sri N. K. Mitral as its arbitrator. Both the arbitrators entered into reference in each of the case. THEy gave separate awards in each case on 12-11-1977. THEse awards were filed in the court of Civil Judge, Mirzapur under Section 14 of the Arbitration Act. THE respondent had prayed that the awards be made rule of the court. THE appellant filed objections against these awards. THE lower court rejected these objections and made the awards rule of the court in each case. THE U. P. State Electricity Board has come in appeal. Before coming to the points in issue, it is necessary to state the essential facts in brief. Both the parties had submitted the statements of case before the arbitrators. In Original Suit No. 56 of 1977 (relating to contract agreement of 7-5-1971), the respondent had claimed Rs. 14,40,953. 75 p. The details are given in the statements. The claimant had also prayed for release of bank guarantee amounting to Rs. 1,55,640 00 P. The interest was also claimed at the rate of 12 per cent per annum on the amount of Rs. 14,40,953.75 P. The appellant had made a counter claim of Rs. 12,74, 170-19 P. No claim of any interest was made by the appellant in its statement. The arbitrators awarded a sum of Rs. 7,40,060.00P. in full and final settlement of all claims and counter claims between the parties. The appellant was directed to return two bank guarantees totalling Rs. 1,59, 640.00 P. The appellant was required to pay 9 per cent interest on the awarded amount of rupees seven lacs and odd from the date of entering into reference i. e. 4-12-1974 till the date of payment or the date of decree by competent court whichever was earlier. Further the appellant was directed to pay Rs. 20,000/- as costs of reference. Each party was directed to pay the fees and expenses of the arbitrators appointed by them. The respondent was directed to pay the respective stamp duty on the awards.
(3.) IN Suit No. 57 of 1977, the respondent Company had claimed Rs. 1,42,740-91P. with interest @ 18 per cent from 14-8-1973 till filing of the claim before arbitrators and also future and pendente lite interest. The appellant Electricity Board had made a counter claim of Rs. 79,869-66 together with interest from 14-8-1973 till filing of claim with future and pendente lite interest @ 18 per annum. The arbitrators directed the appellant to pay Rs. 25,418/-.in full and final settlement of all claims and counterclaims. On this amount the Electricity Board was directed to pay interest @ 9 per cent from the date of their entering into reference i.e. 4-9-1975 till the date of payment or the date of decree by the competent Court, whichever was earlier. Both the parties were directed to bear their cost. Other awards were similar to award in Suit No. 56 of 1977.;