- (1.) Heard learned counsel for the appellant, learned counsel for the respondent and perused the record. The instant first appeal from order has been filed under Section 37 of Arbitration and Conciliation Act, 1996 being aggrieved from the judgment and order dated 20.9.2005 passed by the then District Judge, Sultanpur in Misc. Case No. 200/05, under Section 34(2) of the Arbitration and Conciliation Act, 1996, inter alia dismissing the appellant's application for setting aside award dated 22.5.2002.
(2.) A project was granted by U.P. Government through Chief Engineer for rehabilitation and improvement of Faizabad-Allahabad Road relating to Kms. 127.4 to 140 M/s. Tantia Constructions Company (hereinafter called as opposite party) alongwith other participants participated in tender and its tender was accepted. Another agreement between the parties was in writing on 30.8.1993 through letter No. 3SE/64/CP-8/WBP SE 93 and it was agreed upon that the work will start since 30.8.1993 and will be completed upto 29.8.1996. When the work was not performed within stipulated period the opposite party applied for extension which was allowed without any penalty and the Department allowed the opposite party to complete the work by 24.9.1997. After completion of work, the opposite party applied for extra payment to the authority concerned by sending claim notice on 17.11.1997, which was rejected by the concerned authority. After that the matter was referred to Arbitral Tribunal to resolve the dispute regarding claimed amount of payment. The opposite party named one Arbitrator on its behalf and another Arbitrator was appointed by the Authority concerned. Third Arbitrator was also appointed who became Chairman of Arbitral Tribunal. All the Arbitrators were retired Engineers and specialist in their filed. After several sittings and after considering respective submission and document submitted by the parties, the Arbitral Tribunal gave the award by awarding a total amount of Rs. 5,71,44,648/- (Five crore seventy one lac and six hundred forty eight) in favour of opposite party including cost and interest.
(3.) Feeling aggrieved from the Award an application under Section 34(2) was filed for quashing the award.;