- (1.) This appeal is at the instance of the Union of India and is directed against an order dated 3rd July, 2009 passed by a learned Single Judge of this Court by which the learned judge dismissed an application under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) filed by the present appellant for setting an Award published on 21st July, 2003 by the Arbitrator in connection with the dispute that had arisen between the parties in connection with the Contract No.42M/90-91 dated 14th February, 1990 for consideration of a Second Class Waiting Hall, Booking Office and other ancillary works at the Durgapur Station under the Divisional Engineer-II, Asansol, of the Eastern Railway.
(2.) Pursuant to a tender-notice issued by the Eastern Railway, the respondent submitted his tender, which was accepted and consequently, a formal agreement was executed between the parties on 14th December, 1990. The total value of the contract was Rs.6,23,651.50p and in terms of the contract, the required work was to be concluded within six months from the date of issue of the letter of acceptance. The time for completion of the contract-work however, was, extended at least on 11 occasions and the contract was ultimately satisfactorily completed after about 43 months.
(3.) According to the appellant, the final bill was prepared and given to it on 8th January, 1996, and the respondent signed the bill and accepted payment. However, by a letter dated 2nd January, 1997, written through its learned Advocate, the respondent claimed Rs.17,12,771/- on account of, inter alia, escalation.;