Gurucharan Sharma, J.

1. An agreement was executed on 25.3.1985 for construction of spill way as per earth Dam No, 2 at Pokhrama in Giridih district between Damodar Valley Corporation and Sunit Kumar Ojha. The work was to be completed within four months from the date of receipt of the work order.

2. On the direction of Joint Director of Soil Conservation (Engineering) of the Corporation, the earth work was stopped before expiration of the stipulated period under the contract.

3. The Contractor claimed to have collected materials i.e. 30000 of Class I bricks, 600 ft. of stone cheeps and 600 ft. of sand besides 24 pieces of home pipe of 3 diameter (NP 2) at the site.

4. The spill way work could not be undertaken for want of Cement which was the responsibility of the Corporation but was not supplied inspite of repealed requests made from time to time orally and in writing. After stopage of the earth work, the materials collected at the site were damaged and taken away by unscrupulous persons of the locality and cost of labour was also abnormally increased;

5. On 13.7.1987 the Contractor sent a Lawyers notice under registered cover to the Corporation to appoint Arbitrator, according