S. ACHARYA, J.

( 1 ) THE appellant in this appeal filed a petition in the court below u/s 30 of the arbitration Act to set aside the award dated 10-8-1977 in its entirety on several grounds stated in that petition. That petition has been partly rejected by the court below. Hence this appeal.

( 2 ) THE award in question was given by the Superintending Engineer, Balimela dam Circle, Chitrakonda, Koraput. Respondent No. 1 made an application before the court below under Section 17 of the Arbitration Act to pass a judgment and decree in accordance with the said award. At that stage the appellant filed the petition u/s 30 of the Arbitration Act. In that petition the appellant objected to the assessment made in respect of item No. 1 of the claim (item No. 1 of the award) on the ground that the assessment in respect of that item of claim had not been made in accordance with Clause (3) of the agreement between the parties, The agreement does not form a part of the award. Clause (3) of the agreement, on which the above objection is based, is neither quoted not the provisions of the same have been mentioned in detail in the award. The Arbitrator in one portion of his award has merely state