JUDGMENT

K. Ramaswamy, J.-This appeal by special leave arises from the judgment and order dated February 12, 1992 of the Division Bench of the Calcutta High Court in F.M.A.T. No. 1390. The respondent had entered into an agreement in 1968-69 for excavation of Feeder canal from RD. 68.00 to RD. 97.00. During the course of the execution of the wrok certain disputes had arisen between the respondent and the appellant. The disputes were referred from time to time to arbitration. This is the 5th arbitration in the instalment. Details of previous four arbitrations are as under :

3. In furtherance thereof, by proceedings dated November 18, 1984, the General Manager, Farakka Barrage Project appointed T. Raja Ram as the sole arbitrator to settle the disputes. After entering into the reference on December 12, 1984, admittedly the respondent laid claim for the refund of hire charges which was disputed by counter-statement by the appellant. Later the respondent laid further claims on March 6, 1985 for Rs. 1,68,000/- towards repairs on departmental equipments; Rs. 1,38,600/- towards refund of expenses on security watch and ward; Rs. 28,12,085.33 towards final bill of the firm; Rs. 95,60,653.10