Judgment

S.N. Phukan, J.-This appeal is directed against the common judgment and order dated 25.5.1987 passed in M.F.A. No. 161 of 1986 and 781 of 1986 by the High Court of Kerala.

2. For the purpose of appreciating the points urged in this appeal we may briefly state the facts.

3. The appellant herein, who is a mining contractor entered into an agreement with respondent No. 1 namely Indian Rare Earths Ltd. for mining, collection and supply of raw-sand during the period from 1.6.1979 to 31.5.1980. It was agreed between the parties that appel­lant would supply 2,02,000 tonnes of raw-sand at the average rate of 920 tonnes per day. The appellant failed to supply entire quantity and supplied only 1,72,489.24 tonnes. The disputes between the parties were referred to the arbitrator, who has been made a party in the present appeal namely respondent No. 2.

4. Before the arbitrator the appellant claimed Rs. 24,02,272/- under 10 heads along with interest. A counter claim was also filed by re­spondent No. 1 for Rs. 3,29,648.99 paise alongwith interest. The arbitrator framed as many as 51 issues and after recording his find­ings a sum of Rs. 5,40,191.10 paise with interest @ 15% per annum from 11