ALOK ARADHE,J. - (1.)In this appeal under Sec. 37 of the Arbitration and Conciliation Act 1996 (hereinafter referred to "the Act"), the appellants have assailed the validity of the order dated 9.8.2011 passed by the trial court by which objections preferred by the appellants under Sec. 34 of the Act to the Award dated 1.11.2010 passed by the Arbitrator have been rejected.
(2.)The facts giving rise to filing of the appeal, briefly stated, are that in pursuance of the NIT issued by the appellants, the respondent submitted his tender for execution of the work of extension of shades, construction of road etc. for Fiat Project in Rail Spring Karkhana Sithauli, Gwalior. The work was awarded to the respondent on 23.1.2003 and was required to be completed within the stipulated period of six months i.e. 22.7.2003. However, the respondent did not complete the work within the stipulated time, as a result of which the contract awarded to the respondent was rescinded. The respondents invoked the arbitration clause under the general conditions of the contract. There upon an arbitration Tribunal consisting of three Members was constituted by the appellants.
(3.)However, the Arbitral Tribunal did not proceed with the case, therefore, it appears that the respondent filed an application under Sec. 11 (6) of the Act, which was registered as Arbitration Case No. 3/09. A Bench of this Court by order dated 4.11.2009 appointed Mr. Justice R.B. Dixit as Sole Arbitrator to arbitrate the dispute between the parties.