( 1 ) THESE appeals are filed by the State of Gujarat against the judgment and decree dated 27/10/1989 passed by the learned Civil judge (S. D), Ahmedabad (Rural) at Mirzapur, below Civil Misc. Application no. 6 of 1989 and in Special Civil Suit No. 48 of 1989. By the impugned judgment and order, the trial Court passed a decree by modifying the award passed by the Arbitrator on 30/03/1988. The Court reduced the amount awarded from Rs. 54,36,885. 00 to Rs. 52,56,608. 98 ps. on the basis of agreed calculation. It also directed that the said amount, after deducting rs. 18 lakhs which are already paid under the interim award should be paid with the simple interest at the rate of 10% per annum instead of 18% interest as awarded by the Arbitrator from the date of the award, i. e. , 30/03/1988 till realisation.

( 2 ) FOR appreciating the contentions which are raised in these appeals, it would be necessary to state a few facts pertaining to the dispute between the parties.

( 3 ) ON 5/08/1981 the Executive Engineer, Irrigation Department, rajpipla, accepted the tender of respondent No. 1 for a sum of Rs. 1,00,77,752. 00 for construction of earth work and lining for Karjan Left Bank