( 1 ) BY this common judgment both the suits mentioned above can conveniently be disposed, since the question involved by and large in both the petitions are identical. Therefore, they are being taken up together. Facts are being mentioned from Suit n0. 3078-A/96

( 2 ) M/s Continental Construction Ltd. (for short the applicant) seeks the award of the arbitrator to be made a rule of the court and for a decree in terms of the award to be passed. The applicant contends that he does not wish to file any objection to the award dated 15. 12. 1996. In pursuance of the notice having been issued the objector (the Food Corporation of india) has filed the objections. The award is purported to be assailed on various grounds to be considered hereinafter. Needless to state that in the reply filed all the objections and the pleas raised are being controverted.

( 3 ) ON 22/03/1999 this court had framed the following issues:-

1. whether the impugned award is liable to be set aside for the reasons stated in the objections? 2. Relief, if any?

( 4 ) ISSUE No. 1: The evidence had been lead by affidavits filed by the parties.

( 5 ) BEFORE proceeding further it would be appropriate to consider