(1.) THIS appeal is directed against the order passed by the civil judge, yadgir in a. c. No. 2 of 1990, dated 6-6-1991 in confirming the award of the arbitrator dated 29th december, 1989 and making it a Rule of the court.
(2.) STATE of Karnataka (hereinafter referred to as 'the appellant') floated tenders for the construction of cross regulator-cum-escape regulator structure at k. m. 13. 705 of shahapur branch canal. The work was entrusted to the respondent on local competitive bidding tender basis as per the agreement dated 14/1984-85, dated 5-11-1984 by the executive engineer, id, ukp, sbc, division No. V, bheemarayanagudi, shahapur taluka, gulbarga district. The cost of the work as per the quoted rates of the respondent is Rs. 43,86,530/ -. Mark out was given on 8-11-1984. The stipulated period for completing the work was 10 months. The due date of completion was 7-9-1985.
(3.) THE work consisted of a combined structure of cross regulatorcum-escape regulator at k. m. 13. 705 of shahapur branch canal and it involved excavation for foundation in different strata, cement concreting for piers and abutments, rcc deck slab, reinforcement for rcc work and supplying and erection of radial and vertical gates after submitting designs and drawings and getting them approved by the department. During the course of execution of work certain disputes arose between the parties. On representation made by the parties, the dispute was referred to the sole statutory arbitrator as provided under the agreement for adjudicating the dispute between the two parties. Reference was entered upon by the sole arbitrator on 24-4-1989 and as per the notice issued by him on the same day, respondent filed his statement of claims on 11-5-1989 before the arbitrator and subsequently the appellant filed the counter-statement on 22-6-1989. The respondent thereupon filed the rejoinder to the counter-statement on 24-7-1989.