STATE OF KERALA Vs. N E THOMAS

JUDGEMENT

(1.) The M.F.A. is filed by the defendants in O.S. No. 303/82 on the file of the Subordinate Judge's Court, Tellicherry challenging the judgment dated 20-12-1986 referring the disputes involved in this case to an arbitrator for adjudication.

(2.) C.R.P. No. 444/1989 is filed by the plaintiff in the same suit challenging the quantum of remuneration of the arbitrator fixed by the Court.

(3.) It is the common case that an agreement was entered into between the respondent-plaintiff and the appellant-defendants on 3-1-1979 to execute certain contract work which was to be completed on 4-9-1979. The site was handed over to the respondent on 5-1-1979. The work was completed on 10-9-1981. The respondent-contractor contended that the delay in completion of the work was due to the negligence and inaction on the part of the appellants. But the appellants have contended that the delay in the execution of the work was due to the intentional laches and negligence on the part of the respondent.