R.D. Dhanuka, J. - (1.) BY this petition filed under section 34 of the Arbitration and Conciliation Act, 1996 (for short the said Act), the petitioner has impugned the arbitral award dated 24th September, 2009 and supplementary award dated 3rd November, 2009 made by the learned arbitrator rejecting some of the claims made by the petitioner. Some of the relevant facts for the purpose of deciding this petition are as under : -
(2.) SOMETIMES in the year 2002, the petitioner invited tenders for the work of re -surfacing of main runway 09/27 at C.S. International Airport, Mumbai at an approximate estimate of Rs. 14.00 crores. The petitioner submitted its tender on 15th November, 2002. The respondent accepted the petitioner's tender on 6th January, 2003 and issued Detailed Acceptance Letter on 8th January, 2003. under the said agreement, the time for completion was to be 150 days reckoned from 6th January, 2003. The stipulated date of completion of the work was 4th June, 2003. The value of the work as per accepted tender was Rs. 9,79,44,000/ -. The respondent granted extension of time to the petitioner upto and including 25th June, 2003. It is the case of the petitioner that the petitioner completed the said work on or before the extended period and executed more than double the original accepted value of work, including various extra items, extra quantities, substituted items etc. as ordered by the respondent from time to time.
(3.) THE dispute arose between the parties. The respondent appointed the learned arbitrator. Pursuant to the liberty granted by the learned arbitrator, the petitioner submitted the statement of claim and made about 27 claims before the learned arbitrator. The claims made by the petitioner were opposed by the respondent by filing the written statement. None of the parties led any oral evidence before the learned arbitrator.;