(1.) It is a Misc. Appeal under Section 39 of the Arbitration Act (Act in short) against the Judgment and decree dated 11 -4 -90 passed by the Second Additional Judge to the Court of District Judge, Hoshangabad, in Civil Suit No. 2 -A of 1989, making awards dt. 19 -8 -1988 and 28 -3 -1989, made by the arbitrators as rule of the court.
(2.) There is not much dispute about the facts of the case which are as below: - -
(3.) In the said award dt. 19 -8 -1988 itself it is mentioned as below: - -