This
is the Award by the undersigned, made the ..day ofWhereas
by an agreement under the deed, dated..and made between (contractor) of the
one part and.(owner of the property)of the other part (being an agreement
by the said contractor) to construct certain works upon the land of the said
(owner) in accordance with sanctioned plans and specifications contained
therein it was agreed between the parties that if any dispute should arise in
future between the parties thereto relating to or touching the said agreement
or the interpretation thereof or in relation to the rights, duties or
liabilities of either party thereunder the same should be referred to two
arbitrators and their umpire in accordance with the provisions of Arbitration
& Conciliation Act, 1996.and
Whereas disputes having arisen between the aforesaid parties relating to the
said agreement the said (contractor) by writing dated.nominated and
appointed Shri(one arbitrator)of etc, and the said (owner) by writing
dated..nominated and appointed Shri..(other arbitrator).of etc, to
act as arbitrators and settle the said matters in dispute between the parties.and
Whereas the said arbitrators respectively accepted the said appointments and
took upon themselves to discharge the burden of the said reference and before
starting the proceeding for the consideration of the disputed matter referred
to them by writing under their hands dated.appointed me the said Presiding
Arbitrator in the said arbitration.and
Whereas the said arbitrators duly extended the time for making the award until
the ..day of.and
Whereas the said arbitrators were unable to agree amongst themselves
unanimously upon an award and under such circumstances gave me notice in
writing dated.and thereupon the disputes stood referred to me.Now be
it Know that, I, said Presiding Arbitrator, make my award on the following
matter:1.
I
find that the completion of the work although was delayed for..months beyond
the agreed date on which it ought to have been completed but I find that such
delay was caused partly by exceptionally bad weather and partly by lack of
workmen caused by labour strikes and also their having taken up construction
works under the Government and I find and award that the said (contractor) is
not liable for any damage on that account.2.
I
find that a part of the work executed by the said(contractor) was found to be
defective in the following respects..(defects set out) and I award that the
said (owner) is entitled to Rs.as damages on that account.3.
I
find and award that after deducting the said sum of Rson account of the
damages there is still due and owing to the said (contractor) in respect of the
matters in dispute between the said parties to reference the sum of..4.
I
direct the said (owner) shall pay the said sum of Rs..to the said
(contractor) on or before the ..day of..5.
I
award and direct that the cost of the said (contractor) relating to and
incidental to this arbitration reference including the costs of the arbitrators
and of this award which is Rs..shall be borne and paid by the said (owner)
or whatever may be the award as to costs...(Sd.)