( 1 ) RESPONDENT No. 3, National Highways Authority of India (NHAI) awarded works of construction of 4 laning and strengthening of the existing 2 lane of the NH-79 from KM 120. 00 to KM 183. 00 to respondent no. 1, B. Seenaiah and Co. (Projects) Limited (BSCPL ). To execute the contract, bscpl engaged the services of M/s. Ganesh Engineering Company (GEC) for quarrying rock boulders. BSCPL engaged the services of the petitioner (MKE) for moving the rock boulders after extraction by GEC from the point of extraction to the crusher site.

( 2 ) TERMS of payment as per agreement dated 15. 7. 2002 required BSCPL to pay to the petitioner as under:

"6. 0. In consideration for the services provided by MKE, the BSCPL shall pay NKE Rs. 27/- (Indian rupees 27/- only) for every metric tonne up to 2 km lead from quarry to crusher. "

( 3 ) IT may be noted that there is another clause being Clause No. 7 whereunder petitioner was to be paid for similar services at the rate of Rs. 20/- per tonne, but this relates to transportation of rock boulders from another site. Dispute between the parties is admittedly for services rendered by the petitioner for transporting the rock quarried