SOUMEN SEN, J. - (1.) THE petitioner has filed this application for setting aside of an award under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "said Act").
(2.) THE arbitration proceeding is arising out of a tripartite settlement arrived at between the parties on 17th February, 2005. The learned Arbitrator in the said reference had also passed an interim award which is, however, not subject matter of challenge in this proceeding.
(3.) THE petitioner has challenged the award in so far as it relates to the execution of the work under three different work orders at the Gurgaon office of the petitioner executed under the work orders being Nos: - (I) HO/04/CE(1)/018 Dated 04.03.2004 amounting to Rs.2,70,61,540/ - (II) HO/04/CE(D)/ 39 Dated 13.04.2004 amounting to Rs.1,00.83,750/ - (III) HO/04/CE/060 Dated 28.06.2004 amounting to Rs.18,59,547/ - In the statement of claim filed before the arbitrator, the claimant stated that following an invitation of interest and rates for the electrical works of the whole building issued by the architect the claimant expressed his interest and made tentative offer to architect (TAG) on March 27, 2004 by its letter bearing reference no. RDG/78/03 dated 27th March, 2004. The two other contractors had also submitted their offer. However, on evaluation of the offer, the petitioner accepted the offer submitted by the claimant.;