Judgment

MISRA, J. :- Hardyal, the respondent, entered into a contract with the State of Punjab, Public Works Department (Buildings and Roads Branch) for the construction of certain bridges and culverts on the Mukerian-Naushehra Road. The agreement between the parties was evidenced by a writing. The written agreement contained an arbitration clause which provided that dispute, if any, between the parties would be referred to the Superintending Engineer, Public Works Department (Buildings and Roads), Jullundur Circle. It appears that no period was fixed in the agreement of reference for giving the award and therefore period of four months as prescribed in clause 3 of the First Schedule attached to the Arbitration Act would be the statutory period for giving the award.

2. Some dispute did arise between the parties. The respondent, therefore, sent a notice on January 7, 1960 to the Superintending Engineer requesting him to accept his claim to the tune of Rs. 7,568/- and give his award accordingly. The respondent claimed this amount of compensation broadly on two counts : (1) that the Sub-Divisional Officer had got certian bridges demolished which according to the respondent had been con