(1.) C. R. P. No. 1028 of 1991 is against the dismissal of Arbitration O. P. No. 12 of 1989 and C. R. P. No. 839 of 1991 is against the dismissal of I. A. No. 2772 of 1989 in Arbitration O. P. No. 7 of 1989. I. A. No. 2772 of 1989 and Arbitration O. P. No. 12 of 1989 filed before the learned Principal Subordinate Judge, Palakkad, were for amendment of the award dated 10-3-1989 made by the Arbitrator. The amendment was sought under S.15 read with S.41 of the Arbitration Act. The ground was that "the award contains clerical mistake or an error arising from an accidental slip or omission". The learned trial judge dismissed both the O. P. No, 12 of 1989 and I. A. 2772 of 1989.
(2.) The petitioners herein are Instrumentation Limited, a Government of India undertaking. The respondent is their contractor. The O. P. No. 12 of 1989 and I. A. No. 2772 of 1989 were filed by the petitioners, as they considered that an excess amount of Rs. 46,649/- had been awarded to the respondent on account of the aforestated clerical mistake.
(3.) On 13-5-1978 the petitioners awarded to the respondent a contract for carrying out the work of construction of certain buildings such as dispensary, shopping complex and so on. The work was completed on 31-3-1980. In view of certain disputes the respondent invoked the arbitration clause in the contract and on 18-8-1981 filed a suit under S.20 of the Arbitration Act. On 23-11-1982, the court appointed Mr. Rao, the then General Manager of Hindustan Photo Films as the arbitrator. However, upon the application O. P. No. 1 of 1984 dated 24-11-1984 under S.5 and 11 of the Arbitration Act, the court by its order dated 5-10-1987 appointed Mr. Justice (retired) Narendran as the arbitrator in the place of Mr. Rao. On 10-3-1989 the arbitrator published the award.