1. These two Petitions are filed U/s.34 of the Arbitration and Conciliation Act, 1996 for setting aside the award dated 17th September, 2007 under two contracts entered by and between the parties for construction of the extension of Port Craft Berth at the B premises of the Petitioner.

2. Both contracts are contained in the letter of the Petitioner dated 25th February, 1999, 1st March, 1999 and the tender submitted by the Respondent dated 15th March, 1999 and 17th March, 1999 and further correspondence between the parties as set out in the letter of the Petitioner dated 1st September, 1999.

3. Under clause 17 of the contract between the parties they agreed to refer their dispute to two arbitrators, one to be nominated by each of them and the third to be nominated by the arbitrators. Under the arbitration clause the parties agreed that only the questions and disputes raised for the execution of the work until its completion would be referred to arbitration. The disputes arising thereafter would not be referred to arbitration except those relating to maintenance of the construction during the maintenance period. The disputes having arisen, an arbitration has been invoked a