Sanjiv Khanna, J.

1. Harji Engineering Works Pvt. Ltd., the objector, was awarded contract for erection, testing and commissioning of eltrostatic precipitators at Ampara "B" Thermal Power Project vide LOI dated 28.8.91 issued by Bharat Heavy Electrical Ltd., the respondent.

2. Disputes arose between the parties and in terms of the arbitration clause, one Mr. U.C. Gupta, Senior DGM of the respondent was appointed as a Sole Arbitrator. However, on his retirement, Mr. S.K. Sawhney, the then AGM of the respondent was appointed as a Sole Arbitrator in 1997.

3. Mr. S.K. Sawhney has made and published, the award dated 21.2.2006, partly allowing claims of both parties. The objector has challenged the said award in the present petition under Section 34 of the Arbitration and Conciliation Act. 1996 (hereinafter referred to as "Act", for short).

.4. Paragraph 3 of the award reveals that the learned Sole Arbitrator had entered reference on 01.10.1997 and had 27 effective hearings before him. The last effective hearing was held on 14.11.2002. This is apparent from the reading of paragraph 3 of the award dated 21.2.2006, which is as under:

.In due compliance of my assignment as the Ld.