JUDGMENT - M.L. PENDSE, J.:-Both appeals admitted. Paper books dispensed with. Counsel for respondents in each of the appeal waive service. By consent, both appeals taken on board and called out for hearing.

2. Enkay Texo Food Industries Limited in September, 1991 flouted tender for mechanical works comprising supply, erection and commissioning of self-supporting chimney, fuel oil, storage tank, etc. The tender submitted by Consite Engineering Company Private Limited was accepted and on December 16, 1991 letter of intent was issued, after a detailed purchase order was issued on December 3, 1991. The dispute arose in respect of performance of the contract and Consite Engineering Company Private Limited instituted two suits being Suit Nos. 1607 and 1662 of 1992 in this Court to claim damages and to restrain Enkay Texo Food Industries Limited from enforcing Bank guarantee. On April 29, 1992, the parties filed consent decretal order of reference and referred all claims, disputes and differences in the suits to the sole arbitration. The arbitrator declared the award on December 29, 1992 and directed Enkay Texo Food Industries to pay Rs. 14,99,981.15 with incidental reliefs to Consite En

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