Judgment

SABYASACHI MUKHARJI, J. : - This is an application for leave to appeal under Art. 136 of the Constitution from the decision and judgment of the High Court of Orissa, dated 8th April, 1987. By the said judgment the High Court had allowed the appeal in part and modified the award so far as it related to the payment of interest on the awarded amount. Another appeal challenging the validity of the award was, however, dismissed.

2. In or about 1975-76 the respondent was entrusted with the work of "Construction of balance work of earth dam of Koska Minor Irrigation Project" vide an agreement No. 207 F-2. The said work was due to be completed on 3rd Aug. 1977 but it was actually completed on 31st March, 1978. The estimated value of the work was Rs. 25,06,229/-. It is stated that the contractor, respondent herein, had executed only 18 out of 22 items of work beside one extra item and he was paid a sum of Rs. 23,63,122/- for the work done. According to the petitioner, no further amount was due to the contractor, the respondent.

3. Final bill was prepared on 12th Feb. 1980 and it was unconditionally accepted by the respondent-contractor. This contention, however, was sought to be dispu