( 1 ) THE construction of Community Shopping No. 5 in Sector VII, Rohini Phase I was a subject matter of contract between M/s. S. S. Jain and Co. (hereinafter called the contractor) and the Delhi Development Authority (hereinafter called the respondent ). Dispute arose between the parties and as per the provisions in the contract, they were referred for arbitration to Shri R. K. Sundaram, Chief Engineer (Retd. ). The Arbitrator passed the award on 14. 1. 91. The contractor filed a Suit No. 41 IA/91 under Sections 14 and 17 of the Arbitration Act for making the award rule of the Court. The respondent filed IA 9302/91 under Sections 30 and 33 of the Arbitration Act for setting aside the award. In the petition, it js stated by the respondent that the agreement was executed on 12. 5. 86. The date of commencement of the work was fixed as 16. 5. 1986. The work was to be completed within four months. The contractor did not complete the work and consequently by letter dated 31. 5. 88, the respondent rescinded the contract. Inspite of it, the contractor had come forward with claims and that was considered by the Arbitrator. The Arbitrator has not considered the breach committe