SALIL K. ROY CHOWDHURY, J.

( 1 ) THIS is an application for setting aside an award under Sections 30 and 33 of the Arbitration Act.

( 2 ) PURSUANT to a contract for execution of earth work in formation, bridge work, building and other miscellaneous works, a tender was called by the Union of India represented by the South Eastern Railway, and the petitioner's tender was accepted on the 17th of April, 1964, and a formal con-tract was entered into being dated 21st may, 1964.

( 3 ) IT appears that disputes arose in respect of the said contract and the same was referred to arbitration after the respondents made an application under Section 20 of the Arbitration Act before this Court being Matter No. 66 of 1976 dated 20th August, 1976. Thereafter it appears several extensions were obtained for making the award. The last extension was obtained up to 30th Nov. , 1979. It also appears that the arbitrator entered upon the reference pursuant to the said order of reference dated 20th August, 1976, by their letter dated 13th Nov. , 1976, and both the parties appeared before the arbitrator and filed their statement of claim and counter statement and, ultimately, the award was made on the 30th

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