- (1.) Heard Sri M.M.D.Agarwal, learned counsel for the appellants and Sri Ashish Mohan Srivastava, learned counsel appearing on behalf of the respondent.
(2.) This is an appeal against the order of District Judge, Kanpur Nagar dated 18.08.2007 passed in Arbitration Case No.404/70 of 2004 whereby the objection of the appellant filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act") against the arbitration award dated 31.08.2004 has been rejected.
(3.) Briefly stated facts of the case are that in December, 1994, U.P. Jal Nigam invited tenders for supplying and laying of Fazalganj Govind Nagar Feeder main and duplication of Feeder Main in between Zone 14 and Zone 15 along with other appurtenant works at Kanpur. The respondent submitted the tender. The tenders were opened on 12.01.1995. Vide letter dated 09.05.1995, the Executive Engineer wrote a letter to the respondent stating that his tender being lower has been accepted and he has been asked to deposit the security money by 12.05.1995 by all means and appear for signature in the contract bond so that the date of starting of work may be directed. In pursuance of the letter, the respondent furnished the security and contract bond no.2/SE/95-96 has been executed on 15.05.1995. The date of commencement of work was fixed as 15.05.1995 and the date of completion of work was fixed as 31.12.1995. The contract amount was Rs.56,06,285/-. The contract provided amongst other thing for supply and laying of ISI Marked Pre-stressed concrete pipe of 350mm and 450mm diameter able to bear 6 kg/cm2 test pressure.;