JUDGMENT

SHARMA,J.:— This appeal by the State of Orissa against the judgment of the High Court arises out of a proceeding for making an award of an arbitrator the rule of the court. The respondent was allotted by the State certain contract work for execution and a dispute arose between the parties, the appellant denying the claim of the contractor to the tune of Rs. 6,33,424/-. The matter was referred to the arbitration of a sole arbitrator, who made a non-speaking award for a sum of Rs. 4,45,448.66 paise in favour of the respondent. The award indicated that out of the aforesaid amount, the contractor was held entitled to a sum of Rs. 2,50,487.25 paise towards his claim for the work executed, and to the remaining sum of Rs. 1,94,961.41 paise as interest from 1-6-1975 to 25-11-1981. It was also directed that on the failure of the payment of the amount within a period of two months, the respondent would get future interest at the rate of 12% per annum on Rs. 2,50,487.25 paise.

2. In reply to the respondents prayer for making the award a rule of the court the State of Orissa raised several pleas in defence. The award was challenged as not being supported by the materials produced by th