1. The present appeal under S.39 (1)(vi) of the Arbitration Act, 1940 (henceforth 'the Act') has been preferred to assail the legality and validity of the impugned common order passed by the District Judge, Bilaspur in Civil Suit No.5 - A / 96 and Miscellaneous Civil Case No.141/96 on 17.2.1998 rejecting the appellant's prayer for setting aside the award dated 5.2.96 and at the same time allowing the application of the respondents under S.17 and S.29 of the Act for making the award the rule of the Court.

2. We have heard Shri Vaibhav Shukla, learned counsel for the appellant in great detail. The respondents failed to appear before this Court despite issuance of SPC, however, the appeal being of the year 1998, we proceed to decide the appeal on merits.

3. Facts of the case, very briefly stated, are that the appellants invited tenders for Plant Illumination System of Bharatpur Colliery in the year 1989, in response to which the respondents, amongst other contenders, submitted its tender which was found suitable. The Letter of Intent (LoI) was issued on 17-2-89 and eventually the work order was issued and an agreement executed on 27-2-89 and 19.4.89 respectively. The contract value wa