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1987 Supreme(Online)(Ker) 6

KERALA HIGH COURT
Dr. T. Kochu Thommen, *Balakrishnan, JJ.
State of Kerala v. Arya Refrigeration And Air Conditioning Co.


1The 1st respondent, Arya Refrigeration and Air Conditioning Company, New Delhi, entered into an agreement with the 2nd appellant, the Director of Fisheries, Kerala, on 18-1-1965 for the supply and erection of 100 ton ice cum cold storage plant at Willing ton Island. The agreed amount of the contract was Rs.9,40,000/-. The Ist respondent started the work and the appellants were making payments for the various items of work. There was some progress for the work. However, as time passed, disputes arose between the parties and the matter was referred to arbitration by virtue of Clause.15 of the agreement. There were two arbitrators and they passed an award on 2-11-1978. The 1st respondent put forward various claims and the Arbitrators awarded Rs.1,64,950/- for the materials supplied by them, and Rs.1,00,00/- towards their claims. Under Clause.3 of the award the Arbitrators granted the relief in the following terms:
"that for future delay for the next one year the Claimant will be paid 40 per cent more over the agreed amount of the contract less the amount of the work already done plus an amount of Rs.300/- per month towards overhead charges during the period the contract is in force."
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