Tapan Kumar Dutt, J. - (1.) We have heard the Learned Advocates for the respective parties and we have considered the materials on record.
(2.) It appears that the respondent worked as a transport and handling contractor for clearance of food grains from the railway wagons and transporting the same to various places as required by the appellant in terms of the agreement in between the parties and the respondent submitted his bills from time to time to the appellant for the work done by the former but the appellant failed and neglected to pay a number of such bills for which the respondent felt aggrieved. It appears that there were certain disputes and differences in between parties and such disputes/differences were referred to an arbitrator and the Learned Arbitrator by an award dated 9th August, 1980 directed that the respondent shall get from the appellant a sum of Rs.5,36,752.27 with interest at the rate of 6% per annum from 13.01.1979 upto the date of realization. The said Learned Arbitrator also directed that the Bank guarantee for Rs.10,300.00 furnished by the respondent should be released and discharged.
(3.) The said award was sent to the Learned Court below on 27.08.1980 and the respondent prayed for pronouncing the judgement and decree in terms of the said award. The suit concerned was registered as title suit No. 78 of 1980.;