JUDGMENT

K. Ramaswamy, J.-(On behalf of himself and Hon ble Mr. A.M. Ahmadi, CJI) (Majority Opinion)

We have the advantage to read the proposed judgment by our esteemed brother Punchhi, J. Despite our deep and abiding personal respects, we express our regards for our inability to agree with the proposed judgment. Hence we are constrained to right (write sic) this separate judgment.

2. This appeal by special leave arises from the judgment and order dated December 19, 1979 made in A.O.O. No. 240 of 1975 by L.M. Sharma, J. (as he then was) agreeing with the dissenting opinion of one of the members of Division Bench of Patna High Court, viz., B. S. Sinha, J. The result was that the award of the umpire stood set aside.

3. The appellant had entered into an agreement with the respondent on May 2, 1971 for execution of certain works. During the course of their execution, certain disputes had arisen between them. Clause 78 of the contract provided resolution of the disputes by arbitration. In furtherance thereof, the parties had referred the disputes in 1972 to two arbitrators. One of the disputes referred to them was "whether claims referred to at items 2, 3, 4 and 5 of Annexure-A are or are