Kalyan Jyoti Sengupta, J.

1. The appeal has been preferred by the above named appellants being aggrieved by and dissatisfied with the judgment and order of the learned Trial Judge dated 22nd November, 1990 whereby and whereunder the award of the learned sole Arbitrator has been made rule of the Court, and decree has been passed. The short fact of the case leading to bringing action by the appellant is summarized as follows:-

The respondent above named was awarded contract for 60% of the total works of annual maintenance of road at residential area of the Haldia Dock Complex by the appellant. The appellant was successful tenderer for the entire tender works agreeing to execute the works at a sum of Rs. 8,83,362.12. But the same could not be completed within the time stipulated for various reasons. Accordingly extension of time was granted for completion of the same. The payment was made for the works done and the respondent is said to have signed the final bill of payment and "no claim certificate" was issued by the respondent. Thereafter the respondent demanded of the appellant for making payment of a sum of Rs. 3,91,052.35 on various heads. Obviously such payment was not mad