( 1 ) THIS application under Order 12, Rule 6 and Section 151 of the Code of Civil Procedure read with Section 41 of the Arbitration Act. 1940 (for short the Act ) has been filed by the petitioner. Petitioner wants that judgment be pronounced against the respondent in respect of that portion of the award for payment of certain money to the petitioner which is not under challenge and is admitted by the respondent as well.

( 2 ) CERTAIN disputes between the parties were referred to the sole arbitration of Justice D. R. Khanna on a petition filed under Section 20 of the Act by the petitioner. It appears there was a contract between the parties for construction of various flats of the respondent by the petitioner-contractor. This contract contained a clause constituting the arbitration agreement between the parties. The arbitrator gave his award on 25th September, 1987 and on the same day filed it in this court. At this stage it is not necessary to refer to the award in detail, which runs into as many as thirty four pages except to note that the arbitrator awarded a sum of Rs. 3. 52. 794. 00 to the petitioner but directed that out of this amount a sum of Rs. 40,000. 0