( 1 ) UNDER the agreement dated 4th September, 1982, the petitioner was appointed the architect for preparing the plans and drawings and to supervise the work in connection with the construction of sugar factory and allied works at village Rakhra, Nabha, Patiata Road, District Patiala, Punjab on the terms and conditions as contained in the said agreement. For preparing of the plans and drawings and for supervision of the work, the architect was to be paid remuneration including the site visits at the rate of 1. 30 per cent of the total value of the work subject to a ceiling of Rs. 2. 60 lakhs. Payment was to be made in the manner mentioned in paragraph 10 of the agreement. In a meeting of Board of Directors of the Patiala Cooperative Sugar Mills Limited, held on 16th July, 1994, the performance of the petitioner was considered and it was resolved that the architect being negligent in the performance of his duties, the contract be terminated under para 6 (c) (ii) of the agreement without notice at the risk and cost of the architect. By letter dated 19/20th July, 1984 the petitioner was informed that his contract stood terminated at his risk and cost and the Society will