MUKUNDAKAM SHARMA, J.

( 1 ) - The appellant herein awarded a contract for the consultancy regarding construction of a private railway siding at Maniqui railway Station on South East Railway. In terms of the aforesaid contract the respondent was to provide professional services to the appellant comprising engineering, design, supervision and quality control on the work of the contractor and measuring the work done and arranging payment to the contractor.

( 2 ) DURING the execution of the aforesaid contract certain disputes and difference arose between the parties regarding payments and liabilities thereto. The said disputes were referred to arbitration in terms of Clause 11 of the agreement between the parties. In terms of the said arbitration Clause, two arbitrators were appointed, one by each of the parties. After hearing the parties and on perusal of the pleadings and the statements of claims on behalf of the parties and also the documentary and oral evidence produced by them, the arbitrators passed an award which was published on 3rd April, 1996.

( 3 ) THE respondents filed a petition under Section 17 of the Arbitration Act, 1940 to make the said award, as given by the learne