JUDGMENT :

MOUSHUMI BHATTACHARYA, J.

1. This is an application under Section 34 of The Arbitration and Conciliation Act, 1996, for setting aside of an Award dated 12th September, 2015 passed by a learned Sole Arbitrator in an arbitration between the petitioner herein, who was the claimant in the arbitration and the respondent.

2. The petitioner herein is a contractor who made a claim against refusal on the part of the respondent to refund the deducted amount towards liquidated damages which was imposed by the respondent upon the petitioner for alleged delay in the completion of work. The dispute arose out of an agreement dated 20th September, 2007 for renovation of a 6 KV Indoor Sub-Station for the Kolkata Port. By the impugned Award, the Arbitrator held that the Kolkata Port Trust has the right to levy liquidated damages from the petitioner herein under the terms of the contract by reason of the delay in the execution of the contract and further that the amount deducted as liquidated damages is not refundable to the petitioner. The petitioner was awarded the work of renovation of a 6 KV Indoor Sub-Station by the respondent for a total sum of Rs. 92,56,341/- and by an agreement dated