- (1.) These two revision petitions, filed by the petitioner-contractor against the similar nature orders dated 28.09.2004 as passed by the Additional District Judge, Neem-Ka-Thana ('the Executing Court'), have been considered together for having their genesis in similar nature arbitral awards dated 10.01.1996 and involving common questions, regarding interest payable, between the same parties; and are taken up for disposal by this common order.
(2.) The basic and the relevant facts and the background aspects in these matters are more or less similar in nature; and could be taken into comprehension as under: S.B. CIVIL REVISION PETITION No. 34/2005
(3.) The parties herein appear to have entered into a contract for supply of stone ballast that contained an arbitration clause for resolution of disputes; and pursuant thereto, the petitioner-contractor filed an application under Section 8 of the Arbitration Act, 1940 ('the Act of 1940') for appointment of an arbitrator that was registered as Arbitration Case No. 44/1995 in the Court of Additional District Judge, Neem-ka-Thana, District Sikar. The learned Additional District Judge, by his order dated 05.08.1995, accepted the application so moved and appointed Shri Bhagwan Das Meena, Retired Senior Divisional Engineer, Western Railway as the sole arbitrator to resolve the dispute between the parties and to make the award within four months from the date of submission of the claim. Eventually, the arbitrator proceeded to make the award on 10.01.1996, a photostat whereof has been placed for perusal by the learned counsel for the petitioner. In this award dated 10.01.1996, the arbitrator awarded a sum of Rs. 84,025/- in favour of the petitioner in the following:-;