1. This Misc. Appeal has been filed by the appellant State of Bihar and its concerned Officials against the Judgment and Decree dated 17-3-1997 passed by learned Sub-Judge. Chaibasa whereby he has decreed Title Suit No. 9 of 1991 after rejecting objections filed by the defendants /appellants under S. 30 of the Arbitration Act. 1940 and has made the award given by the order dated 31-5-1994 a rule of the Court.

2. In view of arguments advanced by the parties in this appeal the relevant facts required to be noticed are as follows :-

The plaintiff/respondent is a Government contractor. pursuant to accoptance of his tender or agreement dated 6-3-1981 was entered into between the plaintiff/contractor and the concerned department of Minor Irrigation, Chakradharpour, for a work contract valued at Rs.28,32,709.62 paise. The contractor deposited Rs. 1,41,751.00 as security deposit and the work order was issued on 27-3-1981. As per agreement the stipulated date for completion of the work was 30-10-1982. The work could not be completed in time for which either party blames the other. Thereafter a proceeding u/s. 144 of the Code of Criminal Procedure allegedly causing stoppage of work f