GURUSHARAN SHARMA,J. - (1.) SOME disputes arose between the parties over operation of contract dated 11.9.1984 in relation to the work of excavation and bed lining of Chandi) Left Bank Canal from Km 13.41 to Km 15.18, i.e., RD 44.00 to RD 49.80. under Subarnrekha Multipurpose Project, which was referred to sole Arbitrator, named in agreement, Md. Ahmad, Superintending Engineer. Soil and Foundation Design Circle, New Irrigation Barrack, North Harding Read, Patna. who passed the Award dated 21.4.1992. which has been made Rule of Court by impugned judgment dated 13.1.1994.
(2.) THE contractor claim (i) Rs. 9 lacs for abnormal delayed payment of extra items of work done from September, 1984 to October. 1990. (ii) Rs. 6.36.602/ - the balance amount for excavation done in hard reck but payment of 18753 M3 hard rock was made as soft rock @Rs. 36/ - per M3 instead of Rs. 70/ - per M3 (iii) Rs. 40,000/ - being 10% amount deducted arbitrarily out of payment for excavated soil rocks in 1985, (iv) (a) Rs. 2,92,500/ - and (iv)(b) Rs. 1,11,600/ - respectively by way of interest @10% on Rs. 7.5 lacs for three years when machines remained idle as progress of work was delayed due to various failures of Department and wages of Munsi. Chowkidar. Khulusi -cum -cleaner engaged for security and proper keeping of deployed machinery for three years and Rs. 40000/ - as cost of arbitration, besides interest @18% per annum on the above claimed amount from 29.10.1998 till realisation. The total amount of claim was Rs. 29,29,792/ - besides interest. The arbitrator awarded total amount of Rs. 7,59,525/ - Rs. one lac towards item No. (i). Rs. 2,54225/ - for item No. (ii). Rs. 29,000/ -for item No. (iii) and Rs. 2.92.500 and Rs. 73800/ - respectively for items (iv)(a) and (b). Cost of arbitration was awarded at Rs. 15000/ -.
(3.) THE arbitrator assigned reason in respect of each items of claim and the Court below found that those reasons were correct.;