1. THIS is an application filed under Section 34 of the 1996 Act, for setting aside the award and the corrected dated 30th September, 2004 passed by the Arbitral Tribunal.

2. THE case of the petitioner is that the agreement between the parties contemplated widening of Panagarh Mourigram Road. THE said work was divided into four sections and the works in respect of the said agreement related to the Rampurhat and Mourigram section and was numbered as S-11. Such works was to be completed within 42 months but in fact, was completed in 83 months after grant of five extensions. No claims were made during the subsistence of the agreement instead claims have been made after the works have been completed. The claims made are contrary to Clause 53 of the Conditions of Contract, which lays down the procedure for making claims. Under Clause 53.1, notice of claim for additional payment ought to have been made within 28 days from the event which gives rise to such claim. Notice should have been given to the engineer and employer. Similarly there has been non-compliance with Clause 53.4 of the conditions of contract which postulates verification of contemporary records. As no claim has b