JUDGMENT

K.S. Radhakrishnan, J. —

1.This appeal arises out of the judgment of the Kerala High Court in M.F.A. No.45/1996 whereby the High Court has interfered with an arbitration award dated 2.4.1993 and set aside few claims allowed by the Arbitrator.

2.An agreement dated 14.9.1988 was entered into between the Appellant-contractor and the Superintending Engineer, KIP LP Circle, Kottarakkara, for execution of the work for the formation of Kottayam Branch Canal including siphons and cross drainage works. Later, a supplementary agreement No.1 was executed between the parties on 16.6.1989 extending the time for completion of work by six months from 7.4.1989 to 6.10.1989. The appellant vide letter dated 25.9.1989 sought further extension of time for completion of work without prejudice to his rights and claims. On 29.11.1989, supplemental agreement No.2 for extension of time was executed between the parties whereby the period of completion of work was extended from 6.10.1989 to 31.3.1990. Supplemental agreement No.3 was also signed between the parties on 29.11.1989 for carrying out the extra work. During the pendency of the extended period of contract, the appellant addressed a letter to R