A. P. SEN, J. : - This judgment shall also govern the disposal of Miscellaneous (First) Appeal No. 174 of 1970 (The Chief Administrator, Dandakaranya Project v. M/s. Prabartak Commercial Corporation Ltd.).

This appeal under Section 39 (1) (vi) of the Arbitration Act, 1940, is directed against an order of the Additional District Judge, Jagdalpur, dated 25-7-1969 remitting the award of Shri S. D. Jha, Advocate, Jagdalpur, dated 16-12-1968 for reconsideration on certain issues, and the connected appeal is directed against the preliminary decree drawn by the District Judge, Jagdalpur, dated 2-7-1970 in conformity with the awards.

2. The facts, in brief, are as follows : - The respondent, which is a firm of contractors, entered into a contract with the appellants, for the collection and supply of "hard granite chips", for the construction of NH/43, at four reaches, namely, (a) Mile 154/0 to Mile 166/0, (b) Mile 166/0 to Mile 179/4, (c) Mile 183/4 to Mile 191/0 and (d) Mile 196/0 to Mile 198/0. The respondent, however, experienced difficulty in supplying "hard granite chips". That was because the metal quarried was not of superior quality. The question of substituting 'hard stone