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2001 Supreme(SC) 216

S.RAJENDRA BABU, S.N.VARIAVA
T. P. GEORGE – Appellant
Versus
State Of Kerala – Respondent


JUDGMENT

S.N. VARIAVA, J,- This appeal is against a judgment dated 15-2-1989 wherein the appeal filed by the respondents was partly allowed.

2. Briefly stated the facts are as follows:

The appellant was awarded a contract for construction of a main canal drivIng tunnel of the Kaliada Irrigation Project. The work was to be completed by 4-3-1983. A supplemental agreement dated 20- 10-1983 extending the period of completion was entered into. As disputes arose between the parties the same were referred to a sole arbitrator, who gave a reasoned award dated 12-8-1985.

3. The respondents filed objections to the award, which were rejected by a judgment dated 31-3-1986 and the award was made a rule of court.

4. In the appeal, before the High Court, challenge was restricted to award of claims under Items 12(i), 12(j), 12(k) and award of interest from the date of award. The appeal filed by the respondents was partly allowed by the impugned judgment dated 15-2-1989. By this judgment the award of claims under Items 12(i) and 12(k) were set aside. A ward of claim under Item 12(j) was upheld. Further the award of interest was also set aside. The only ground on which the claims under Items 12(i) a










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