SANJAY KISHAN KAUL, J.

( 1 ) THE petitioner contractor was awarded the work of construction of 590 dwelling units under the SFS Scheme of DDA in Sector C Pocket V, Vasant kunj, New Delhi in pursuance to Agreement No. 7/ee/swd-6/87-88. Some disputes arose between the parties in respect of execution of the work under the agreement and in terms of clause 25 of the General Conditions of Contract, the engineer Member of the DDA vide letter dated 13. 4. 1993 appointed Mr. C. Rama Rao as the Sole Arbitrator to adjudicate upon the disputes between the parties. The sole Arbitrator entered upon reference and made and published the award dated 30. 9. 1995. The respondent DDA aggrieved by the same has filed these objections.

( 2 ) LEARNED counsel for the respondent initially sought to argue the various grounds in the objections but could not seriously dispute the proposition that it is not within the jurisdiction of this court under Section 30 and 33 of the Arbitration Act, 1940 (hereinafter referred to as the said act ) to sit as a court of appeal to appraise the facts and evidence on record. It has been repeatedly held by the apex court and by this court that unless the conclusion arrived a

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