ORDER:- O. P. No. 268 of 1983 (filed on 21st October, 1980) was filed under Sections 16, 30 and 33 of the Arbitration Act 1940 (hereinafter referred to as "the Act") to set aside the award dated 31-10-1976 made by the arbitrator in the disputes between the petitioner/ M/s. Wilson and Company Private Limited and the Food Corporation of India and for costs of the petition.

2. O. P. No. 536 of 1987 was filed in this Court on 16-6-1977, represented on 3-8-1983, numbered and admitted on 18-11-1987, under Sections 14 (2) and 17 of the Act to file the Award into this Court and to pass a decree in terms of the award.

3. The short facts of the case are these: The petitioner/M/s. Wilson and Company Private Limited is engaged in the business of undertaking and executing construction work was one of the tenderers for the work of constructing godowns for storage of food grains at Arakonam having storage capacity of 25,000 tonnes, called for by the 2nd respondent/Food Corporation of India. The petitioner's tender was accepted by the second respondent. An agreement in writing dated 21-4-1972 was entered into between the parties in respect of the work to be executed by the petitioner. Thoug