Judgment

SABYASACHI MUKHARJI, J. - Special leave granted.

2. The respondent was appointed a transport and handling contractor by the appellant subject to the terms and conditions mentioned in three successive agreements in writing entered into by both the parties. After disputes arose between the parties, as per the terms of arbitration clause an arbitrator was appointed to adjudicate upon the disputes. Both the respondent and the appellant filed their respective claims and counter-claims before the arbitrator. After considering the documents and evidence filed before the arbitrator, he made and published an award which was speaking one. The arbitrator did not allow the appellants claim for demurrage and wharfage charges paid to Railways amounting to Rs. 15,63,863.02 by reason of the alleged wrongful conduct of respondent but the arbitrator awarded only 25% of the claim. The arbitrator also did not allow the appellants claim for shortage in transit but reduced the claim by 40% and allowed only 60% of it a mounting to Rs. 52,971.99. By the award the arbitrator awarded to the respondent Rs. 12,64,175.97 and pendante lite interest at 6% per annum. The appellant filed objections in the