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1998 Supreme(Ker) 399

D.SREEDEVI, P.A.MOHAMMAD
STATE OF KERALA – Appellant
Versus
M. KUTTAN NAIR – Respondent


Advocates appeared:
Sh. Poulose, Govt. Pleader, for the Appellants.
Sh. M. P. Abraham, Sh. M. I. Varghese & Sh. T. K. Koshy, Advocates, for the Respondent.

JUDGMENT

P. C. Mohammed, J. - This appeal is directed against the award passed by the Sub-Court. Thiruvenanthapuram in O.P. (Arbitration) No. 255 of 1987. The State of Kerala and the Superintending Engineer are the appellant before us. The claimant is the respondent in the appeal.

2. The respondent filed an application before the Court below to pass a decree in terms of the award. The award was passed by the Chief Engineer (Arbitration), who was appointed as Arbitrator to adjudicate the dispute between the parties. The Court below by the order dated 30th November, 1990 accepted the award and a decree was accordingly passed in terms of the award. It is against the said order this appeal has been filed.

3. Certain disputes and differences arose between the appellants and the respondent in respect of a contract work, "construction of a cartable bridge in Kulathupuzha-Templekadavu by conversion of the foot bridge (balance works)" under a contract agreement. The Arbitrator passed the award on 20th May, 1987. It is the admitted case, that the arbitrator was authorised to pass a non-speaking award. Accordingly, an amount of Rs. 59,038.65 was awarded with interest at 12%.

4. The learned Co














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