( 1 ) THESE two cases arise out of a common judgment relating to award passed on 21. 3. 1988 and hence are disposed of by this common judgment.

( 2 ) THE appellant-petitioner was the contractor of the respondent for the work of construction of road over-bridge at Ghorpuri 1 x 8. 0 Msq. (1 x 15. 1 Skew) span R. C. C. Slab at MK. 5/10-11 in lieu of level crossing No. 5 between Ghorpuri and Saswad Road Stations for which agreement was entered on 4/05/1978, but the site had been handed over earlier on 13/03/1978. The contract was to be completed within nine months i. e. , 12/12/1978. But it is the case of the appellant that the contract was extended three times last being up to 18/01/1980 for the reason that the respondent failed to remove obstructions upon the land. Disputes had arisen between the parties even earlier regarding payment, but ultimately, since the efforts made by the respondent for amicable settlement failed, the matter was referred to arbitration on 7. 1. 1981 by the respondent. The Arbitrator entered upon the arbitration on 20/01/1987. In the claim filed before the Arbitrator the appellant had laid specific claim for being allowed interest from the date of the dispute

Click Here to Read the rest of this document