(1.) This appeal under S.39 of the Arbitration Act (for short the Act) arises from an order of the Subordinate Judge, Trivandrum allowing O. P. (Arb) No. 173 of 1982. That was a petition filed under S.14(2) of the Act. The present appellants had filed objections under S.16 and 32 of the Act to set aside or remit the award to the Arbitrator. Those objections were overruled. Hence this appeal.
(2.) The respondent had entered into a contract with the second respondent on 23.9.1975 for construction of balance work of 1000M of sea wall south of 450M at the mouth of Moorat River in Iringal Village of Kozhikode District. The probable amount for the work was Rs. 12,11,445/-. The period of the contract was 18 months after the contractor commenced work. The site was handed over on 10.11.1975 on which date the work was deemed to have commenced. It should have been completed by 9. 5.1977. The work consisted of procuring and conveying granite stones of different specifications from designated quarries to the sea shore, and dumping them to form the see wall. It also involved construction of fascine matress foundation. The granite stones of different specifications had to be collected and each stone had to be numbered. They were to be dumped only after inspection. The construction was to proceed according to the specifications under the supervision of officers of the Irrigation Department.
(3.) The rates for labour and materials were specified in the contract. The quarry from which granite stones were to be transported to the work site was specified as Iringal quarry.
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