- (1.) BOTH these appeals arise out of two separate contracts and involve common questions of facts and law. They were heard together and are being disposed of by this common order.
(2.) MISCELLANEOUS Appeal No. 114 of 1999(R) arises out of the contract dated 31.10.1988/2. 11.1988, entered into between the parties for construction of roads, drains and culverts at 400/220 K.V.Jamshedpur Sub -Station of the appellant (subject matter of Title Suit No. 8 of 1990). Miscellaneous Appeal No. 52 of 1998(R) arises out of the contract dated 31.10.1988/2.11.1988 for construction of boundary wall and switchyard fencing at 400/220 KV Jamshedpur Sub -Station of the appellant (subject matter of Title Suit No. 7 of 1990).
(3.) IN course of performance of the said contracts, certain disputes and differences arose between the parties. In view of arbitration agreement contained in Clause 56, the respondent -contractor made an application under Section 20 of the Arbitration Act, 1940 (the Act for short) before the learned Sub -Judge, Saraikella. By order dated 24.4.1992, Mr. Manohar Sahay, retired General Manager of the appellant, was appointed as sole Arbitrator with the consent of the parties. The parties submitted their pleadings, documentary and oral evidence and advanced their oral and written submissions before the Arbitrator. After hearing the parties, the Arbitrator made the two Awards in question both dated 29.4.1996. In the Award in question in Miscellaneous Appeal No. 114 of 1999, against a claim of Rs. 18,74,600.00, an amount of Rs.7,70,000.00 was awarded. In the Award in question in Miscellaneous Appeal No. 52 of 1998(R), against a claim of Rs. 22,62,884.00, the Arbitrator awarded Rs. 7,97,974.00. The counter claims of the appellant were rejected. In both the awards, pendente lite simple interest @ 10% per annum on the said amount was awarded from the date of first sitting i.e. 19.8.1992 till the dates of the Awards and if the said amount plus interest aforesaid was not paid within 30 days, the awarded amount together with interest was to carry further simple interest @ 10% per annum till the date of satisfaction of the Award or date of decree following judgment upon the Award, whichever was earlier.;