JUDGMENT :

B.R. GAVAI, J.

1. The appellants have challenged the judgment dated 18th April 2012 passed by the learned Single Judge of the High Court of Orissa in Arbitration Appeal No. 25 of 2007, thereby dismissing the appeal filed by the appellants.

2. The facts in brief giving rise to the present appeal are as under:

The respondent was awarded the contract for construction of 3 kilometers missing link on NH-6 from Kanjipani to Kuntala on 16th December 1971. The work was to be completed within one year that is before 15th December 1972. The contract amount was Rs.4,59,330/. However, the work could not be completed by the stipulated date and it was completed only on 30th August 1977, by which date, the respondent was already paid an amount of Rs.3,36,465/.

3. The respondent, on 25th July 1989, issued a notice to the appellant regarding his claim. The said notice was replied to by the appellant on 10th August 1989 stating therein that, as against the claim of Rs.3,34,744/, the respondent had been paid an amount of Rs.3,36,465/. The respondent thereafter filed a suit being O.S. No. 206 of 1989 before the Court of Civil Judge (Senior Division), Bhubaneswar (hereinafter referred to as the “