JUDGMENT

(Prayer : This Civil Miscellaneous Appeal is filed under Section 37 of the Arbitration Act 1940 r/w the Arbitration & Conciliation Act,1996, against the award passed by the 2nd respondent dated 27-12-2002 in PAP/7069/3/E8 to pay a sum of Rs.15,29,200/- with interest in favour of the 1st respondent and confirmed by the Learned District Judge Nilgiris at Udhagamandalam in A.R.O.P.No.21 of 2005 dated 24-03-2007 and to set aside the same and direct the 1st respondent to pay a sum of Rs.6,48,015/- to the Appellant with interest at 18% p.a. from the certified date of completion i.e. 23-10-1997 till the date of payment to the appellant herein as the claim in the Arbitration Proceedings.)

The Union of India which is the respondent before the Arbitrator is the appellant before this court. They seek to challenge the order passed by the Subordinate Judge, Udhagamandalam in A.R.O.P.No.21 of 2005.

2. The facts briefly set out in the petition filed under Section 30 read with Section 33 of the Arbitration Act, 1940 read with section 34 of the Arbitration and Conciliation Act, 1996( hereinafter called the “Act“) are as follows:-

3. The appellant would contend that they had entered into a cont