(1.) This appeal has been filed by the Union of India against the judgment and decree dated 30.8.1996 passed by Court No.20, City Civil Court, Ahmedabad in Civil Misc. Application No.434/95 under section 39 of the Arbitration Act 1934 (hereinafter referred to as the Act). The learned Judge by her judgment and award has been pleased to confirm the award of the arbitrators in respect of item under claims nos 1,2 and 3; whereas the claim no. 4 and 5 were set aside.
(2.) The facts giving rise to this appeal are as under:
(3.) Being aggrieved and dissatisfied by the aforesaid judgment and award of the learned Judge the Union of India filed First Appeals Nos.4394 of 1996 and 4395 of 1996 so far as the same is against the Western Railway and the contractor has also filed First Appeal being First Appeal No. 52 of 1996 is filed by Contractor so far as the same is against the contractor.