Judgment

Kirpal, J.-Having failed before the High Court in getting the non-speaking award of the arbitrators set aside the appellant has filed the present appeal by special leave with the expectation that it will be success­ful in its aforesaid endeavour.

2. With regard to the construction of Giri Hydel Electric Project, in the State of Himachal Pradesh, item rate tenders were invited for certain works connected with the said project. On 2nd December, 1967 respondent’s tender was accepted and it was given an order to commence work.

3. The formal contract between the parties for the execution of the said work was entered into on 2nd February, 1968. The said contract was awarded to the respondent for a sum of Rs. 5,04,15,107/- and terms and conditions, which were binding on the parties, were incorporated in the aforesaid contract. Even though the work was stipulated to be completed within three years, i.e., by 16th December, 1970, the same was, however, completed on 26th February, 1978.

4. The claim of the respondent, which gave rise to the arbitration proceedings with which we are, concerned, was made in its letter dated 30th April, 1974 when it informed the Superintending Engineer th