L.N.MITTAL, J. - (1.) THIS is first appeal by State of Haryana assailing judgment dated 8.3.2010 passed by learned Additional District Judge, Sirsa thereby dismissing petition under section 34 of the Arbitration and Conciliation Act, 1996 (in short, the Act) filed by the appellant � State and partly allowing petition under section 34 of the Act filed by respondent no. 1 � Contractor M/s Ramesh Chander Contractor and Company.
(2.) THE contractor executed some work of the appellant State. Dispute arose between the parties. The dispute was referred to respondent no. 2 Arbitrator Mr. RP Bansal. The Arbitrator gave his award dated 30.12.2003 thereby awarding Rs. 1,62,640/- to the contractor with interest @ 9% per annum from the date of award till recovery. The said amount was awarded for 50% of the earth work i.e. 5885 Cum being half of 11771.25 Cum earth work done by the contractor holding that 50% earth had been brought from average lead of 2 kms. Appellant State in its petition under section 34 of the Act pleaded that opportunity of leading evidence was not given to the parties by the Arbitrator. It was also pleaded that contractor had not raised any objection while receiving payment of running bills wherein payment of earth work with 15 metre lead was made to the contractor and the objection was raised only at the time of final bill.
(3.) ON the other hand, the contractor in his petition alleged that the Arbitrator has proceeded on assumptions and presumptions and made out a new case of his own which was not set up by either party.;