Judgment

Shah, J.-By the impugned Judgment and Order dated 17th December, 1991, the High Court of Judicature of Rajasthan at Jodhpur, dismissed the S.B. Civil Miscellaneous Appeal No. 254 of 1991 filed by the appellant and confirmed the Judgment and Order dated 1st August, 1989 passed by the District Judge, Udaipur in Petition under Sections 30 and 33 of the Arbitration Act, 1940. The District Judge passed the decree in terms of the award.

2. The brief facts of the case are that on 14th May, 1981, appellant and respondent No. 1 entered into an agreement on a turn-key basis for excavation, removal, transportation including loading and unloading, disposal dumping dozing, levelling etc. of over burden at the speci­fied dump yards including final dressing of the mine benches, faces and sides etc. and incidental mining of rock phosphate ore encountered during the excavation of over-burden and its transportation to ore-stacks etc. from the footwall, western portion and eastern portions of ‘D’ Block of the Jhamarkotra mines including drilling, blasting, loading transportation, unloading etc. with the leads and lifts in­volved in connection therewith, more particularly described in the said