1. The Petitioner has invoked Section 34 of the Arbitration and Conciliation Act,1996(for short, the Arbitration Act, 1996) and thereby challenged the Award dated 31st October 2009 passed by the sole arbitrator.

2. Learned Counsel appearing for the Petitioner fairly stated that their challenge is restricted to claim Nos.1,2, and 7.

3. There is no counterclaim or Petition filed by the Respondent so far as other claims are concerned.

4. The work order in question was issued to the Respondent on 29th March, 2004. The date of completion of the work was 17.10.2005 i.e. 18 months. For various reasons the work could not be completed within the basic stipulated period. It was extended from time to time by consent of the parties. The work was completed on 11.07.2007. So there was actual 20.8 months delay. As there arose dispute, therefore in view of the arbitration agreement between the parties, the matter was referred to the sole arbitration.

5. The relevant clause on which both the parties have made their rival submission is as under:

“No escalations shall be payable for a work for which stipulated period is 18 months or less”

6. There is no dispute that by way of this agreed cl