N.G.Nandi,J. - (1.)The record and proceedings of the arbitration case suggests the disputes arising between the petitioner and the respondent in respect of the contract contained in AT No. SCA-1/107/91/409/29-8- 72/I/PAOB/1149 dated 30.9.74 were referred for adjudication to the agency of arbitration. It is also suggested that the number of arbitrators were appointed and they left for one reason or the other and finally Mr. C. Achuthan, Additional Legal Advisor to the Government of India, Ministry of Law & Justice (Department of Legal Affairs, Shastri Bhawan, New Delhi was appointed as the sole arbitrator by the Director General of Supplies & Disposals, Jeevan Tara Building, Sansad Marg, New Delhi vide letter No. Lit.II/A(154)/81/VI, dated 21.12.1990 under the terms and conditions agreed to by the partics with reference to the contract mentioned above and the differences between the parties relating to the said contract which were referred to the sole arbitrator. The reference was entered upon on 31.1.1990 by Mr. C. Achuthan, the last sole arbitrator, who rendered the award dated 30.5.1991.
(2.)The award dated 30.5.1991, rendered by the sole arbitrator Shri C. Achuthan was numbered as the Suit. Notice of filing of the award was issued to the parties to the award, directing the parlies to file objections, if any, within the statutory time limit. Thereafter, the claimant/contractor, one of the party to the arbitration lproceedings/award filed petition under Sections 17 & 30 of the Arbitration Act, 1940 (hereinafter referred to as "the Act"), praying for a judgment and decree in terms of the award in so far as it awards to the petitioner a sum of Rs.6,05,259.00 and Rs. 8,14,373.00 with interest thereon from 10.2.78 to 10.12.81 @ 9% and 18% on the aforesaid sums from the date of the award till the realization of the decree, further praying for the setting aside of the impugned award dated 30.5.1991 rendered by the learned arbitrator in so far as it holds that the parties hereto had mutually agreed to the rounding off the price variation factor from 0.486 per core and 0.144 per nose to 0.4 per core and 0.12 per nose, further praying for the remittence of the award to the learned arbitrator for awarding the sum of Rs. 17,96,506.39, further praying to set aside the award dated 30.5.91 in so far as it refuses interest to the petitioner for the period from 11.12.81 to 31.1.91, in the alternative, to modify the award in so far as it reduces the variation factors from 0.486 per core and 0.144 per nose to 0.4 per core and 0.12 per nose and disallows interest to the petitioner for the period 11.12.81 to 31.1.91 together with the costs of the petition.
(3.)The claimant/objector also filed IA 11160/92 under Section 17 of the Act read with Section 151 Civil Procedure Code praying for the pronouncement of judgment in terms of the portion of the award allowing claims of the petitioner and upon judgment so pronounced an order/rule be issued for a decree in terms of clauses (ii), (iii), (iv) and (v) of the Award. The Union of India, the other party to the award - respondent, filed reply to the petition under Sections 17 and 30 of the Act.