( 1 ) AGGRIEVED by an order and judgment dated 21. 3. 2001 of the learned Single Judge dismissing appellant s objections and making the award dated 4. 3. 1998 rule of the Court, (be appellant preferred instant appeal seeking reversal thereof.

( 2 ) FIRST, a resume- of facts the respondent/claimant was awarded construction work of 356 SFS houses, Category II at Madipur. Pocket 111 and 132 SFS houses. Category II, at Madipur, Pocket III, Grade II, by the appellant-Authority. The stipulated date for commencement of work was 17th of March, 1989. The estimated cost of the work was Rs. 1,23,06,150/- and the tendered amount was Rs. 1,48,28,910/ -. The work was to be completed within 15 months, on or before 16th of June, 1990. The respondent/claimant, however, failed to commence the work. The contract was eventually rescinded by the. appellant-Authority on 21st of August, 1989. The reason for non-commencement of work, as staled by the respondent/claimant, is that the site was not handed over to it on 7th of March. 1989 when the work was awarded as the piling work, being executed by another contractor, was incomplete apart from being defective, thereby incapacitating the res