STATE OF KERALA Vs. M. P. VARGHESE

JUDGEMENT

(1.) The respondents in O.P. (Arb) No. 5/85 before the Sub Court, Kottarakkara, are the appellants

(2.) The appeal arises out of an application under S.30 of the Arbitration Act to set aside the award by the Arbitrator. Of the claims 'a' to 'j' considered and disposed of by the arbitrator by the award, only claims a. b and e survive for consideration in this appeal. Claim 'a' relates to the demand by the contractor for 35 per cent increase in the quoted rate for all works done by him after 1st July 1982, the date of revision of schedule of rates in P.W.D. This work indisputably was carried out after the period originally agreed upon by the parties. Claim 'b' is in respect of the claim falling under the head 'rehandling charges for 18250m3 of earth at a rate of 17.50m3 and claim 'e' relates to the short/excess conveyance charges, the contractor had to meet to collect stores from sources other than the departmental store at Punalur as specified in the agreement.

(3.) These are the claims that were allowed by the arbitrator by the award, which has become the rule of court as is seen from the judgment and decree under attack in the appeal. That part of the award allowing claims 'b' and 'e', in our view, is beyond challenge because the findings based on which those claims were allowed cannot be said "to be perverse. The grounds urged by the appellants in this regard thus do not make out any misconduct on the part of the arbitrator in allowing these claims.