Pratap Krishna Lohra, J. - (1.) APPALLED by the order dated 29.09.2011, the appellant has laid this appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, 'Act of 1996'). By the order impugned, learned District Judge, Udaipur has rejected the application of the appellant under Sections 33& 34 of the Act of 1996 declining to interfere with the arbitral award dated 22nd June, 2007.
(2.) SUCCINCTLY stated, the facts of the case are that State Government sanctioned a work order in favour of respondent No. 1 for constructing road of Udaipur bypass Phase -I, from Kilometer 0/0 to 5/718, originating from Kilometer 263/505 of Ajmer -Udaipur Section of NH -9. In this regard, a contract agreement No. 9/1995 -1996 was executed between the parties. The work order was issued on 19.08.1995. According to the work order, the date of commencement of work was 04.09.1995 and completion of work was 03.09.1997. Since the respondent -contractor failed to complete the work within time, the appellant while invoking clause 2 of the agreement, imposed penalty upon the respondent -contractor and rescinded the work. The remaining work was done by some other contractor. Respondent -contractor invoked clause -23 of the agreement seeking reference of dispute for resolution to the empowered standing committee. On account of non -reference of dispute, the claimant moved an application under Section 11 of the Act of 1996 before this Court, and this Court vide order dated 15.07.2003 appointed Shri S.R. Mehta as sole arbitrator for adjudicating the dispute. The respondent -contractor submitted its claim before the sole Arbitrator, while dividing it in 6 parts. The details about 6 claims of the respondent -contractor are as under: - Claim No. 1 Damages due to change in scope of work and consequent idling for Rs. 15,43,668/ -. Claim No. 2 Reimbursement of wrong recovery of L.D. For Rs. 22,84,559/ -. Claim No. 3 Payment of final bill -Rs. 13,53,428/ - Claim No. 4 On account of loss of profit on balance work -Rs. 20,54,352.84. Claim No. 5 Loss of Goodwill -Rs. 25,00,000/ - Claim No. 6 Compensation for depriving from working in Rajasthan -Rs. 25,00,000/ -
(3.) FOR substantiating the aforementioned claims, the respondent pleaded requisite facts in the claim petition and also produced documentary evidence.;