R.D.DHANUKA, J. - (1.) BY this petition filed under section 34 of the Arbitration and Conciliation Act, 1996 (for short 'the said Arbitration Act') the petitioner has impugned the arbitral award dated 25th April, 2009 passed by the arbitral tribunal allowing some of the claims made by the respondent. Some of the relevant facts for the purpose of deciding this petition are as under : -
(2.) THE petitioner was the original respondent to statement of claim and was the claimant to the counter claim before the learned arbitrator. The respondent herein was the original claimant to the statement of claim and was the respondent to the counter claim.
(3.) ON or about 21st March, 1996, the petitioner invited tenders for reclamation behind service berth in the quadrangle between the container berth approach and service berth approach. The petitioner issued amendment to the tender documents on 3rd April, 1996 which was to be treated as part of the said contract. Some of the terms and conditions of the original contract were modified and incorporated as a part of the contract. On 11th April, 1996 the respondent submitted its bid. On 27th May, 1996 the respondent was awarded the contract by the petitioner. The date of commencement of work was 1st June, 1996 and the stipulated date of completion was 28th February, 1997. On 18th May, 1996 the respondent by its letter confirmed that it would provide the stone material as per provisions of tender and it would be entitled to payment for the work done between initial bed level and final level of work done. The respondent also informed the petitioner that the respondent had appointed Dr.R.K.Katti as its consultant.;