JUDGMENT :

[Goutam Bhaduri, J.]

1. The instant appeal is against the judgment dated 19.02.2018 passed by the Commercial Court (District Level) Raipur whereby the arbitral award dated 12.02.2017 passed by the Sole Arbitrator u/s 34 of The Arbitration and Conciliation Act, 1996 was affirmed.

2. The brief facts of the case are that on 30-10-2006, a Notice Inviting Tender (NIT) for construction of rehabilitation poleless activities and associated works in external plant of Raipur City was invited and thereafter in the month of November, 2006 the bids were opened and the tender work was awarded to M/s. S.D. Construction Ambikapur for Rs.1,09,13,400/-. Subsequently, the contract agreement was executed between the appellants and respondent S.D. Construction on 11.06.2007. The contract period was extended from time to time. Firstly it was extended from 11.06.2008 to 10.092008, thereafter from 11.09.2008 to 10.12.2008 and lastly from 11.12.2008 to 31.01.2009.

3. The respondent S.D. Construction claimed the amount for enhanced estimated cost, but since it was in dispute, the money was not released with respect to balance payment, as such, the arbitration clause was invoked by the respondent. Si