JUDGMENT

Krishna Rao, J. - This is an application under Section 34 of the Arbitration and Conciliation Act, 1996 challenging the award passed by the Ld. Sole Arbitrator dated 2nd September, 2011. The petitioner had invited item rate tender for construction of Sub-Divisional Court at Kalyani in the District of Nadia (Structural portion) two storied building for an estimated cost of Rs. 1,21,38,824/-. The respondent had participated in the said tender process and offered less rate of 2.90 % i.e. Rs. 1,17,86,798/- than the estimated cost fixed by the petitioner. The rate quoted by the respondent was accepted and work order was issued in favour of the respondent on 09.01.1997. After issuance of work order an agreement was entered between the parties and as per agreement, the tender amount was Rs. 1,17,86,798/-, date of commencement was 15th January, 1997, time of completion was 18 months and date of completion was 14th July, 1998.

2. As there was delay on the part of the petitioner for providing working drawing and finalization of lay out of the building and thus the respondent could not complete the work in the stipulated in the agreement and accordingly the respondent had made a reques