JUDGMENT

Abhay Manohar Sapre, J.

In Special Leave Petition (c) No. 24443 of 2007

Leave granted.

2. This appeal is filed against the final judgment and order dated 17.08.2007 of the High Court of Uttarakhand at Nainital in O.A. No. 1097 of 2001 whereby the High Court allowed the appeal filed by the respondent herein and set aside the judgment and order dated 30.05.1996 passed by the Civil Judge, Dehradun and, in consequence, allowed the objections of the State of U.P. filed under Section 30/33 of the Arbitration Act, 1940 (hereinafter referred to as "the Act 1940") against the award dated 27.11.1995 which, in turn, also resulted in its setting aside.

3. Facts of the case need mention, in brief, infra to appreciate the controversy involved in the appeal.

4. The appellant herein is a civil contractor whereas the respondent is the State of U.P. represented through Superintending Engineer Irrigation Construction Circle, Yamuna Colony, Dehradun.

5. In the year 1979, the respondent (State) invited tender being Number 6/1979-80 for doing "Earthwork in power channels on different routes of va