Deepa Sharma, J. - (1.) VIDE this petition, the petitioner has challenged the award dated 27th November, 2012 on several grounds.
(2.) THE brief facts of the case, relevant for the purpose of disposal of the present petition are mentioned herein. There is no dispute to the fact that the petitioner who is a registered partnership firm had entered into a contract for execution of work of "construction of RCC Box Culverts across New Taxi Tracks at Jaipur Airport, Jaipur. The stipulated time for completion of the work was six months starting from 16th May, 2007 to 15th November, 2007. The petitioner, however, could not complete the work within the stipulated time. The contract was rescinded vide its letter dated 14th September, 2007. The petitioner raised an arbitration dispute and the matter was referred to the Sole Arbitrator. The petitioner had made following claims before the Sole Arbitrator which are as under: - "Claim No. I Rs. 21,00,000/ -for designing of the Box Culverts Claim No. II Rs. 3,90,760/ - towards refund of forfeited earnest money. Claim No. III Rs. 17,74,775/ - towards loss of profit due to non execution of the work. Claim No. IV Interest @ 18% on the amount due till the date of actual payment. Claim No. V Rs.2,00,000/ - cost of arbitration proceedings".
(3.) THE respondents also put up its counter claims which are as under: - " Counter Claim No. 1 Expenses on publication of fresh notice inviting tender (NIT) Rs.62,946/ - Counter Claim No. 2 Excess cost and expenses borne on fresh award to another qualified contractor/agency for Rs.18,93,450/ - Counter Claim No. 3 Financial loss suffered by the respondent because of non availability of full operation of new taxi tracks for Rs.18,96, 480/ - Counter Claim No. 4 For salary/emoluments of Engineers staff deputed for the project for Rs.1,46,250/ - Counter Claim No. 5 Performance guarantee amount of Rs.9,92,388/ - plus interest p.a. Counter Claim No. 6 Cost of litigation/arbitration proceedings for Rs.2,00,000/ - (revised to 4,87,555/ -) Counter Claim No. 7 Interest at the rate of 18% per annum.;