VEERENDR SINGH SIRADHANA,J. - (1.) Aggrieved of the order dated 3rd November, 1999, made by the District and Sessions Judge, Jaipur City, Jaipur, in Arbitration Case No. 117/1997; the claimant/appellant/decree-holder has instituted the instant misc. appeal, with a prayer to restore the award dated 21st February, 1997, along with Corrigendum, made by the Arbitrator.
(2.) Briefly, the essential skeletal material facts necessary for appreciation of the controversy are that the M/s. Omprakash Hanuman Sahai Contractors (appellant/decree-holder), was awarded the work of construction of Road from Padsoli-Harsoli Gagardu-Rehalana-Dhandholi. An agreement No. 94 of 1987- 1998, was executed between the parties for an amount of Rs. 8,29,884.05, with the stipulated date of commencement and completion being 17th November, 1987 and 16th February, 1989. The work was, in fact, completed on 30th November, 1989.
(3.) Owing to certain disputes post execution of the work, the matter was referred to Arbitrator as per Clause 23 of the Agreement, who made the award dated 21st February, 1997. The District and Sessions Judge, Jaipur City, Jaipur, vide impugned order and decree interfered with the award only to the extent of rate of interest; of which the appellant/decree-holder is aggrieved of.;