Gurusharan Shartna,J. - (1.) Heard the parties and perused lower Court records This appeal under Section 39(1 )(vi) of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') has been filed against judgment/order dated 29 6 1999, passed by 3rd Subordinate Judge, Palamue at Daltanganj in Title Suit No 10 of 1992. whereby award dated 2.11.1995 was set-aside and the matter was referred to another Arbitrator for fresh adjudication after hearing the parties and obtaining proposal for fresh Arbitrator, in term of Agreement No. 61/A-F-2 of 1987-88 The agreement in question was for construction of Auranga Right Mam Canal RD 35 20 to RD 36.90. Stipulated date to complete the work was 26 2 1990 Altogether the contractor raised five items of claims A sum of Rs. 55,000/- against claim No. 1 for loss of advance on material, labour etc ; a sum of Rs.7,47,170/- against claim No 2 for loss of idle labour, plant and equipment; a sum of Rs. 2,28,000/- against claim No. 3 for compensation for infructuous cost of overhead establishment etc., and a sum of Rs 2,28,000/- against claim No 5 for loss of profit on the work, which could not be executed and thus altogether total amount of Rs 12,58,170/- was awarded with interest @ 12% per annum from 1 8 1991 onward till the date of award
(2.) A perusal of the award revealed that it was a non-speaking and unreasoned award
(3.) The main objection to the award was whether the Arbitrator had misconducted in conducting the arbitration proceeding and had committed any error of fact in passing the award in question.;