Nagendra Prasad Singh, J.

1. This is an appeal under Sec.39 (vi) of the Arbitration Act, 1940 (hereinafter referred to as the Act) against an order passed by the Additional Subordinate Judge, Third Court, Purnea, refusing to set aside an award.

2. The short facts of the case are these : The appellant company entered into a contract with the respondent State some time in March, 1966 for construction of approach overbridges on Purnea-Katihar railway line and Purnea-Katihar road as per rates approved by the Additional Chief Engineer, Lateral Road Project (East), Patna. The rates were approved up to maximum lead of 600 ft, and maximum lift of 14,00 ft. Upto June, 1966, the appellant excavated all the earth available within a lead of 600 ft. and then, under their letter, dated the 11th June, 1966, they informed the Executive Engineer that henceforward they had to excavate earth beyond a lead of 600 ft.

In that letter they quoted a rate of Rs. 180.00 (per thousand) oft. beyond a lead of 600 and within one mile. In October, 1966, the S.D.O., L.R.P. Works Division, Purnea, directed the appellant to carry on the earth work beyond 600 lead. The work done beyond 600 was duly recorded