( 1 ) THERE is an appeal by the Union of India from the Judgment of a learned single Judge of this court (reported in AIR 1977 Del. 231) setting aside an arbitration award in so far as it directed the respondent, a firm of contractors (M/s. Mehta Teja Singh and Go.) to pay to the appellant (the Union of India) a sum of Rs. 14,674. 00.

( 2 ) THE respondent firm had executed a contract for the construction of an irrigation channel at Hissar. This involved, inter alia, rough excavation in any soil (ordinary or hard) getting out and removal of spoil to a distance not exceeding 440 yards all as specified" (vide item 4 of Schedule A to the contract ). For this item of work the contractual rate agreed upon was Rs. 4. 50 per cubic metre (as against a rate of Rs. 4. 24 mentioned in the standard specification rates: "ssr". for short ). When, at the end of the contract, the contractor firm claimed a sum of Rs. 12,782. 09 as due to it under the final bill, the Union, relying upon the report of a technical examiner made under Cl. 67 of the contract, claimed that the contractor had been overpaid to the extent of Rs. 50,478. 15 and that the Union was entitled to recover this amount