JUDGMENT

D.N. Patel, J. - This Letters Patent Appeal has been preferred against the judgment and order dated 8th May, 2009 delivered by the learned Single Judge in W.P.(S) No. 3175 of 2005, whereby the petition preferred by the present respondent was allowed and the order passed by the learned Arbitrator dated 28th February, 2002 (Annexure 8 to the memo of the this Letters Patent Appeal) was quashed and set aside and hence, the original respondents have preferred the present Letters Patent Appeal.

2. Having heard counsel appearing for both sides and looking to the facts and circumstances of the case, it appears that the appellants had given a works contract to the respondent for construction of residential quarters at Sirka Colliery in the year 197677. Work commenced on 6th April, 1977 and was completed by 30th November, 1978.

3. It further appears from the fact of the case that the contract value of the subject work was Rs. 3,27,932 = 24 paise. Some extra amount of Rs. 17,006=27 paise was also sanctioned on 29th December, 1978. Thus, total value of the work on completion was Rs. 3,44,938=51 paise.

4. Rs. 3,44,839 = 12 paise have already been paid by this appellant to the respondent