Dama Seshadri Naidu, J.

Background:

1. The petitioner, a contractor, was awarded some civil works in 1982 by the Government, the respondent. In course of time, about the execution of the work, there arose certain differences between the contracting parties. Under the terms of the contract, the dispute was referred to an arbitrator. As the dispute involved two civil works, the arbitrator eventually passed two awards, in the contractor's favour.

(a) Awards Challenged:

2. Aggrieved, the Government filed two petitions under Section 30 of the Arbitration Act, 1940: O.P. (Arb.) No. 82 of 1993 and O.P.(Arb.) No. 94 of 1993. On merits, the Court of the Principal Sub-Judge, Thiruvananthapuram, upheld the awards through judgment, dt. 17.01.1994.

(b) Appeals Before this Court:

3. Further aggrieved, the Government filed these appeals: M.F.A. Nos. 648 of 1996 and 1220 of 1997. Much water has flowed under the judicial bridges thereafter.

4. This Court, per a Division Bench, allowed M.F.A No. 648 of 1996 in part by judgment, dt. 17.12.2002; it set aside the award regarding Claim A. On 11.12.2002 the Court allowed M.F.A No. 1240 of 1997, too: it set aside the award as regards claims A & B. So,