ORDER :- This is an application under Sections 30 and 33 of the Arbitration Act for setting aside the award passed by Shri A. P. Bhattacharyya, the sole Arbitrator dated 2-5­-1989.

2. The facts are briefly as follows :-­

A contract for construction of platform wall, dismentaling of the old Station Building and other constructions between platforms Nos. 4A and 5 at Sealday Railway Station was given to the respondent by the petitioner representating the Eastern Railway. The con­tract was entered into on 17th March, 1978 after the respondents tender was accepted by the letter dated February 3, 1978. The work was scheduled for completion within six months. The agreement in question incorporates schedules A and C. The Schedule A is the demolition work, Schedule C is a construction of platform wall and Schedule B included works other than a Schedule C. The rate agreed upon the Schedule B was 130% of the above the schedule rate. The contract could not be completed according to the respondent contractor within six months owing to the failure on the part of the Respondent-Railway to make over site for demolition. The demolition had to be carried on phase-wise, owing to failure on the