Amit Rawal, J. - (1.) The appellant-Contractor is aggrieved of the impugned order dated 11.10.2012, whereby the objections under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter called 'the 1996 Act') for setting aside of the Award dated 02.09.2009 have been dismissed on the ground that the plea of the appellant-Contractor before the Arbitrator against the Government for not invoking the terms and condition 2.53 of the Agreement, in view of the letter dated 29.06.2007, was premature as the contract period was not over.
(2.) Mr. P.S. Rana, learned counsel appearing on behalf of the appellant-Contractor submits that the appellant-Contractor was awarded a contract for completion of Banur Canal system vide allotment letter dated 29.12.2006. The agreement, in this regard, was entered on 08.01.2007. The time for completion of the contract was nine months excluding the rainy season i.e. 01.07.2007 to 30.09.2007. The possession of the site was handed over in the month of February 2007. The terms and conditions of the agreement envisaged the construction of certain work upto 30.06.2007.
(3.) However, vide impugned notice dated 29.06.2007, the Department imposed the penalty and started recovery of ' 3,00,000/- per day from the outstanding payment. It is, in this background of the matter, the appellantContractor having left with no other option invoked the arbitration clause.;