1. This appeal by the State of Kerala is against the order dated 14-8-1986 made in O.P.(ARB) No. 332/85 by the Principal Sub Judge. Thiruvananthapuram. By the impugned order, the learned trial judge(a) dismissed the appellant's petition No. 332/85 for setting aside the award in favour of the respondent Contractor and (b) made a decree in terms of the award of the Arbitrator which granted to the respondent a sum of Rs.3,64,986.00 under various claims made by him.

2. The appellant awarded to the respondent contract for the construction of KIP - RBC formation of Sasthamkotta branch canal. Under this contract dated 26-2-1982, the work was to be completed within 12 months from 17-4-1982. Certain differences arose between the parties. The disputes in the terms of claims made by the Respondent were referred to the arbitration of Gopinathan Nair, retired Chief Engineer, P.W.D. The appointment of the Arbitrator was made in accordance with Clause.52 of the contract styled as "local competitive bidding" in respect of "Kallada Irrigation Project".

3. Clause.52 of the contract provides inter alia the mode of appointment of the sole arbitrator. Mr.Gopinathan Nair, Chief Engineer, P.W.D