MOUSHUMI BHATTACHARYA, J.

1. This is an application for setting aside of an Award dated 25th March, 2009, by a Sole Arbitrator. The petitioner herein was the respondent before the learned Arbitrator.

2. The facts leading to the arbitration proceedings are these. The respondent (the claimant in the arbitration proceedings) is a piling contractor of Central Public Works Department (CPWD). A tender issued by the petitioner for construction of multi-storeyed quarters at Iron Side Road, Calcutta, was accepted by the respondent at a negotiated value of Rs.2,93,99,402/- on 10th June, 1996. After the respondent accepted the tender, the petitioner directed the respondent for taking over the site in consultation with the concerned engineer-in-charge. The representations made by the petitioner in the notice requesting tender indicated that the contract terms to be complied with by the contractor (the respondent herein and the claimant before the arbitrator) were to be found printed in the form of the tender. The terms stipulated that the work was to be completed with nineteen months and the extension of time for completion would be subject to the engineer-in-charge of the petitioner b