JUDGMENT

K.M. Joseph, J.

These appeals are directed against the judgment rendered by the High court in Civil Miscellaneous Appeal Nos. 479, 93, 94, 480, 481 and 95 of 1990 and Civil Revision Petitions Nos. 303, 304, 305, 1039, 1040 and 1041 of 1990. The appeals arise out of arbitration proceedings conducted under the Arbitration Act, 1940 hereinafter referred to as the Act'. By the impugned judgment, the High Court set aside the orders passed by the Sub-Court granting the decree in terms of the Arbitration Award though in a modified way in respect of certain claims raised by the appellant. The Court also rejected the petitions filed by the appellant challenging the decision of the sub-Court refusing to make the Award decree of the Court in regard to certain claim. In short, by the impugned judgment the High court found that the arbitration awards were totally unsustainable in view of Clause 59 of the Agreement.

2. A tender was invited on 18.9.1978 by the respondent- State for carrying out irrigation works. The appellant having quoted the lowest rates which ranged between about 10-12% less than the standards specified rate, appellant entered into Agreement No. 10/78-79 on 10/03/1979. E