JUDGMENT - H.W. Dhabe, J.:---This is an appeal under section 39 of the Arbitration Act. The appellant which is an authority of the Port of Mormugao, invited tenders on 27-8-81 for construction of Multipurpose General Cargo Berth at Mormugao Port. Four persons including the respondent No. 1 had submitted their tenders pursuant to the tender notice. A meeting of all tenderers was held on 25- 9- 1981 for giving clarifications about the tenders. The respondent No. 1 Company had submitted its tender on 13-10-81 and the tender contract was awarded to it on 21-10-1981. The time for completion of the works contract was 96 weeks and the last date for its completion was thus 18-12-1983. However, there was delay in the completion of the work in question which was completed on 31-5-1984.

2. There were disputes between the parties about the payment in regard to the work executed by the respondent No. 1. In particular, the respondent No. 1 Contractor had claimed additional rates for construction of a temporary working platform for which, according to him, out of the total quantity of 294 linear metres only 33 linear metres work was executed by using Vasco beach sand and for the balance which was

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