ORDER

1.In these two appeals, the question arises as to whether the arbitrators could have awarded freight charges in respect of steel and handling transportation charges. The arbitrators made two awards in respect of claims for variation in freight charges for steel brought from Puna to Dehradun and also awarded interest at the rate ofpercent on the said amount from the date of award up to the date of decree. These awards were challenged in the highCourt of District Judge, Dehradun. The learned District Judge held that the award in each case was not sustainable inasmuch as the claimant was not entitled to such freight charges and, therefore, question of payment of variation in freight charges would not arise. The matter was carried in appeal to the High Court. The High Court set aside the order made by the learned District Judge taking the view that the award was a non-speaking one and the contract in question had not been made part of the award and, therefore, it is not open to the District Judge to have examined the scope of the contract in setting aside the award. Hence these orders are in appeal before us.

2. The learned counsel for the appellant submitted that the award clear